SAMUEL LEE BRITTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL LEE BRITTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
339 So. 2d 256
Florida District Court of Appeal, First District (1976)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant’s conviction of robbery must be reversed for the trial court’s failure upon request to charge the jury concerning the offense of attempted robbery. Rule 3.510, R.Cr.P.; Brown v. State, 206 So. 2d 377 (Fla.1968). There are no circumstances present which would enable us to treat the error as harmless on authority of Spigner v. State, 304 So. 2d 496 (Fla.App.1st, 1974). The federal question raised by the State under the doctrine of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), which if sustained would require partial overruling of Brown and modification of Rule 3.510, R.Cr.P., is more appropriately presented to the Florida Supreme Court.
REVERSED.
RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Britton, 350 So. 2d 461 (Fla. 1977)…PER CURIAM. We have for review by certiorari a decision of the District Court of Appeal, First District, Britton v. State, 339 So. 2d 256, which allegedly conflicts with the decision of the District Court of Appeal, Second District, in Lomax v. State, 322 So. 2d 650. Subsequent to the filing of this petition for certiorari, we quashed the decision of the District Court of Appeal, Sec…
Authorities Cited
- Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- Sutton v. State, 304 So. 2d 496 (Fla. 1st DCA 1974)