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MILES v. STATE

Nos. 71-590, 71-591.

258 So.2d 333 (1972)

Charlie MILES, Appellant, v. The STATE of Florida, Appellee. Jerry Robert WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 15, 1972.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Alan S. Becker, Asst. Public Defender, Carr & Emory, for appellants.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.

Before SWANN, C.J., and PEARSON and CHARLES CARROLL, JJ.

SWANN, Chief Judge.

Defendants' appeals from their convictions for the crime of robbery have been consolidated. The amount allegedly taken at gun point was $80.00. They have assigned several points for reversal and we find reversible error in the court's failure to instruct on the lesser included offenses of robbery.

Defendants properly requested that the jury be charged on the "lesser included offenses of attempted robbery and petit larceny." The court denied...

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