PETERSON v. STATE

No. 2D08-6175.

24 So.3d 686 (2009)

Charles Allen PETERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 18, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

A jury found Charles Peterson guilty of robbing a retail store. We reverse because the trial court erroneously excluded evidence bearing on the bias or motive of a key State witness and rejected a special jury instruction applicable to Peterson's theory of defense.

Both errors related to the use of force that is a necessary element of the crime of robbery. A larcenous taking of property constitutes a robbery if "in the course of the taking...

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