Bates v. State
Bates v. State
Opinion of the Court
Appellant, Anthony Yale Bates, appeals his judgment and sentence for robbery with a firearm and burglary with a firearm. We affirm his convictions and reverse his sentence and remand for imposition of a sentence within the guidelines.
Appellant first argues as error the failure of the trial court to give his requested instruction on aggravated assault as a lesser included offense of the charged offense of robbery with a firearm. Aggravated assault is a category two lesser included offense. The trial judge gave an instruction on simple robbery, a category one lesser offense, one step removed from the offense for which appellant was found guilty. Any error in refusing to give the requested instruction on aggravated assault was harmless. Flint v. State, 463 So.2d 554 (Fla. 2d DCA 1985).
We affirm appellant’s convictions and reverse his sentence and remand for sentencing within the guidelines.
Reference
- Full Case Name
- Anthony Yale BATES v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published