Rockmore v. State

Petitioner was charged with robbery with a firearm. At trial, Petitioner’s theory of defense was that he abandoned the stolen property prior to threatening or using force. Before the case was submitted to the jury, Petitioner requested a special jury instruction on abandonment. The trial court gave the requested special instruction but modified it to require that the victim be aware of the abandonment. The district court affirmed Petitioner’s conviction. The Supreme Court affirmed, holding that substantial evidence supported the conclusion that Petitioner failed to abandon the property, and therefore, the trial court’s modification of the proffered special instruction did not render it harmful, where the abandonment of property defense had no application to Petitioner’s case. View "Rockmore v. State" on Justia Law