Failure of Trial Court to Instruct on Necessary Elements of Robbery
In Morton v. State, 459 So. 2d 322 (Fla. 3d DCA 1984), the trial court failed to instruct on the necessary elements of robbery, but the district court noted that the facts of the robberies were conceded and mistaken identity was the only issue.
Therefore, the Third District concluded that the failure to instruct the jury on the necessary elements of robbery was not fundamental error. Morton, 459 So. 2d at 324.