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TUBMAN v. STATE

No. 93-590.

633 So.2d 485 (1994)

Preston Lamar TUBMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 23, 1994.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.

ERVIN, Judge.

Appellant, Preston Lamar Tubman, challenges his conviction for first-degree murder, contending that the trial court erred by failing to instruct the jury on the underlying crime of robbery in connection with the felony-murder charge. The state concedes the error,1 but argues it was harmless under the circumstances. We cannot agree. Although the state charged Tubman only with premeditated first-degree murder, the primary thrust...

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