WALKER v. STATE

No. 88-240.

546 So.2d 1165 (1989)

Anthony WALKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 1, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler and Robert Kalter, Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., and Angelica D. Zayas, Certified Legal Intern, for appellee.

Before HUBBART, NESBITT and FERGUSON, JJ.


FERGUSON, Judge.

The appellant, Anthony Walker, raises two issues in this appeal from his robbery conviction: 1) The motion to reduce the charge from robbery to grand theft should have been granted; and 2) the bailiff's communication with the jury caused prejudicial harm. On the first point, we agree that the State failed to prove an essential element of the robbery statute and for that reason the charge should have been reduced to theft. On the second point, we hold...

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