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STEPHENS v. STATE

No. 79-17.

396 So.2d 741 (1981)

Harold Dale STEPHENS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 16, 1981.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant raises only one point on appeal from his conviction for robbery with a firearm. He contends that the trial court erred in refusing to give to the jury his requested instruction on robbery without a weapon (strong arm robbery), which he says is a category III necessarily included offense one step removed from the offense of robbery with a firearm, so as to require reversal under the principles announced in Brown v. State,

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