Florida District Courts of Appeal, 1996

Lamb v. State

Florida District Courts of Appeal · Decided September 4, 1996 · Glickstein, Gross, Stone

679 So. 2d 59; 1996 Fla. App. LEXIS 9249; 1996 WL 496990 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Atmore v. State of Florida (Fla. Dist. Ct. App. 2025)
Maldanado v. State (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse Appellant’s robbery conviction and remand for a new trial on grounds that the jury should have been instructed on the lesser-included offense of resisting a merchant. Pursuant to the 1992 amendment of section 812.015(6), Florida Statutes, the charge of resisting a merchant is a lesser-included offense of robbery. Because the facts adduced at trial supported this lesser charge, it was error for the trial court to deny Appellant’s request. Sanders v. State, 654 So.2d 1279 (Fla. 2d DCA 1995).

GLICKSTEIN, STONE and GROSS, JJ., concur.

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