THOMPSON v. STATE

Nos. 84-1460, 84-1523.

487 So.2d 311 (1986)

Alfredo THOMPSON and Howard Coleman, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 18, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

The defendants were charged with robbery while carrying a firearm or other deadly weapon (§ 812.13(2)(a), Fla. Stat.). At trial, at the close of the evidence, the defendants requested the trial court to instruct the jury on certain lesser included offenses including the offense of robbery without a weapon or firearm (§ 812.13(2)(c), Fla. Stat.). The trial court refused this request because in its opinion the evidence adduced showed conclusively...

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