Is Failure to Instruct Jury on Necessary Elements of Robbery a Fundatental Error ?
In Merritt v. State, 712 So. 2d 384 (Fla. 1998), the Court held that attempted assault, attempted battery, and attempted aggravated assault and battery of a law enforcement officer are nonexistent offenses. See Merritt, 712 So. 2d at 385.
In so holding, the Court wrote:
"Section 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and defining any criminal offense." Id.