GARRISON v. STATE

No. 75-2028.

340 So.2d 1171 (1976)

Dane Craig GARRISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 24, 1976.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.


ALDERMAN, Judge.

In this case we must again consider the failure of a trial court to give a requested instruction on attempt. Appellant was charged and convicted on one count of receiving stolen property and four counts of aggravated assault. The issue is whether the refusal to instruct the jury on attempts, pursuant to Fla.R.Crim.P. 3.510, resulted in reversible error.

At one time the law on this issue appeared to be clear. The landmark case of Brown v...

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