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BAYNHAM v. STATE

No. 4D02-3398.

862 So.2d 808 (2003)

Tilbert BAYNHAM a/k/a Robert L. Rice, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 3, 2003.

Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

We reverse Baynham's conviction for carjacking. It was error to deny Baynham's request for a jury instruction on robbery as a lesser-included offense of carjacking. The taking of a motor vehicle was charged in the information and the only evidence of a taking related to the motor vehicle.

In Fryer v. State, 732 So.2d 30, 32 (Fla. 5th DCA 1999), the court recognized...

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