Sanders v. State

CAMPBELL, Acting Chief Judge.

Appellant challenges his robbery conviction on the grounds that the jury should have been instructed on the lesser included offense of resisting a merchant. He also maintains that the court compounded that error by preventing defense counsel from informing the jury of that offense, thus precluding appellant from presenting his defense to the jury. We agree.

Although K.C. v. State, 524 So.2d 658 (Fla.1988) and the version of the statute interpreted therein, section 812.015(6), Florida Statutes (1991), previously required that the defendant be convicted of theft…