MALDANADO v. STATE

No. 96-2819.

691 So.2d 61 (1997)

Edward MALDANADO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 9, 1997.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN and GREEN, JJ.


PER CURIAM.

Appellant, Edward Maldanado ("defendant"), appeals his strong-arm robbery conviction contending that the trial court erred in denying his requested jury instruction on resisting a merchant. We agree and reverse.

On December 1, 1995, the head of security at Best Buy saw the defendant put a car stereo speaker under his shirt and leave the store. The defendant then re-entered the store, and put a walkman and another stereo speaker under his shirt...

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