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TAYLOR v. STATE

No. 4D10-4007.

114 So.3d 355 (2013)

Chad Lamont TAYLOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 15, 2013.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Nan Ellen Foley , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

We affirm appellant's conviction and sentence for robbery with a weapon. He claims fundamental error where the trial court failed to give an afterthought instruction, as the theft upon which the robbery was based occurred after the battery of the victim. See Perkins v. State, 814 So.2d 1177, 1179 (Fla. 4th DCA 2002). His defense at trial, however, was one of misidentification. Claiming that the theft was an afterthought...

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