Opinion

Lewis v. State

  • 269 So. 2d 692
  • 1972 Fla. App. LEXIS 5911
Court
District Court of Appeal of Florida
Filed
Nov 30, 1972
Status
Published
On the bench
Mager, Reed, Victor, Wehle
Cited by
8 cases
Authority
More cited than 98.2%

The opinion

PER CURIAM.

Defendant appeals from his conviction for receiving stolen property assigning as error the fact that, although properly and timely requested, the trial judge failed to charge the jury on the lesser included offense of attempted receiving of stolen property.

Since Brown v. State, Fla. 1968, 206 So.2d 377 , it is clear that instructions to the jury on lesser included offenses must be given even though it is the opinion of the trial judge that the proofs clearly establish the major crime charged. See also CPR 3.510, 33 F.S.A., which requires the judge to give such instruction. An attempt, under F.S. § 776.04, F.S.A., must be classified as a lesser included offense of the crime charged if the crime charged is an offense prohibited by law. See Brown v. State, supra, at 381 . Since the receipt of stolen property is prohibited by F.S. § 811.16, F.S.A., it follows that an attempt to receive stolen property is likewise a punishable offense. See 76 C.J.S. Receiving Stolen Goods § 12.

*693 Therefore, the trial judge erred in not giving the requested instruction. Accordingly, the judgment is reversed and the cause remanded for a new trial.

REED, C. J., MAGER, J., and WEHLE, VICTOR O., Associate Judge, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.