STATE v. DIGGS

No. 75-1907.

336 So.2d 446 (1976)

STATE of Florida, Plaintiff-Appellant, v. Woodrow DIGGS and Bradley Nelson Smith, Defendant-Appellee.

District Court of Appeal of Florida, Fourth District.

August 13, 1976.


Attorney(s) appearing for the Case

David H. Bludworth, State's Atty., and Fred H. Gelston, Asst. State's Atty., West Palm Beach, for appellant.

Donald J. Beuttenmuller, Jr., of Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for appellee-Woodrow Diggs.

John L. Avery, Jr., of Brennan, Brown & Avery, West Palm Beach, for appellee-Bradley Nelson Smith.


PER CURIAM.

The State timely appeals the order of the trial court granting defendants, Diggs and Smith, a new trial because of the court's failure to give an instruction on attempted robbery. We reverse.

The defendants were charged with three counts of robbery and each defendant was convicted on all three counts. The court instructed the jury on the lesser offenses of assault with intent to commit robbery, grand larceny, assault with intent to commit grand...

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