Stephens v. State

ORFINGER, Judge.

Appellant raises only one point on appeal from his conviction for robbery with a firearm. He contends that the trial court erred in refusing to give to the jury his requested instruction on robbery without a weapon (strong arm robbery), which he says is a category III necessarily included offense one step removed from the offense of robbery with a firearm, so as to require reversal under the principles announced in Brown v. State, 206 So.2d 377 (Fla.1968). We disagree and affirm.

The refusal to give an instruction on a lesser included offense one step removed from the crime for…