THOMAS v. STATE

No. 84-1537.

526 So.2d 183 (1988)

Kenneth J. THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 28, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr. and Henry Harnage, Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen. and Claire Lardner, Certified Legal Intern, for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


SCHWARTZ, Chief Judge.

Charged with armed robbery, Thomas was found guilty of attempted strong-arm robbery of a bicycle which he claimed, at the jury trial below, he thought belonged to him. Notwithstanding that there was ample, although disputed, evidence that the defendant believed in good faith that he owned the property, the trial judge did not instruct the jury that such a belief constituted a lawful defense to the offense charged. This omission requires reversal...

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