EPPS v. STATE

No. 97-03173

728 So.2d 761 (1999)

Richard E. EPPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1999.


Attorney(s) appearing for the Case

Phyllis Diaz Chew, Lakeland, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


DANAHY, Paul W., (Senior) Judge.

Richard Epps raises three issues in this appeal from his convictions for robbery and resisting arrest without violence. We agree with Epps on only one issue—that the trial court erred in denying his request for a jury instruction on the crime of resisting a merchant, a permissive lesser included offense of the robbery charge. Accordingly, we reverse the robbery conviction and remand for a new trial on that count, but affirm...

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