Maldanado v. State

Appellant, Edward Maldanado (“defendant”), appeals his strong-arm robbery conviction contending that the trial court erred in denying his requested jury instruction on resisting a merchant. We agree and reverse.

On December 1, 1995, the head of security at Best Buy saw the defendant put a ear stereo speaker under his shirt and leave the store. The defendant then re-entered the store, and put a Walkman and another stereo speaker under his shirt. The security guard approached the defendant, and asked him to come to the security office. According to the security guard, the defendant pushed him in…