341 So. 2d 814 | Fla. Dist. Ct. App. | 1977
Moore was charged with robbery. He requested that the jury be instructed upon the lesser included offenses of assault with intent to commit robbery, grand larceny, assault with intent to commit grand larceny, petit larceny and assault with intent to commit petit larceny. The court gave instructions on robbery, grand larceny, petit larceny and assault. The jury found appellant guilty of robbery. Appellant alleges that the refusal to grant the requested instructions was reversible error.
The assault charges are Brown category IV offenses.
We have considered appellant’s other point on appeal and found it without merit.
Accordingly, this cause is reversed and remanded for a new trial.
. In Lomax v. State, 322 So.2d 650 (Fla. 2d DCA 1975), this court held that in light of the supreme court’s decision in State v. White, 324 So.2d 630 (Fla.1975), assault with intent to commit robbery was a category IV lesser included offense of robbery. Prior to its decision in State v. White, supra, the supreme court had noted that assault was a category III lesser included offense of robbery. Gilford v. State, 313 So.2d 729 (Fla.1975).