STUCKEY v. STATE

No. 5D04-2422.

907 So.2d 1208 (2005)

Stephan Kent STUCKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 2005.


Attorney(s) appearing for the Case

Raymond M. Warren of Warren & Warren, P.A., Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

This appeal causes us to consider whether a person charged with robbery of a vaguely described retail merchant is entitled to have the jury consider the permissive lesser offense of resisting a merchant when reaching a verdict. Under the facts presented, we conclude that the appellant was entitled to have this matter submitted to the jury, and reverse.

The appellant, Stephen K. Stuckey1, and his codefendant were arrested...

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