Owens v. State

HOBSON, Acting Chief Judge.

The appellant, Johnny Ray Owens, appeals from convictions after jury trial of the crimes of robbery with a firearm in violation of section 812.13, Florida Statutes (1981), and possession of a firearm by a convicted felon in violation of section 790.-23, Florida Statutes (1981). We reverse and remand.

The first point raised by appellant is that the trial judge committed reversible error by failing to instruct the jury upon request timely made on the lesser included offense of aggravated assault. We agree.

The court in Brown v. State, 206 So.2d 377 (Fla.1968),…