Crawford

A jury found defendant guilty of second degree robbery. He appeals. Primary defense claim is absence of jury instructions dealing with intoxication and with the lesser included offense of grand theft. On appeal defendant argues that the trial court erred in not giving such instructions sua sponte, although they had not been requested by defendant’s trial counsel.

Addington, the victim, testified that he made defendant's acquaintance in a tavern, invited him to stay overnight at his home and spent the next morning and much of the afternoon with him visiting taverns. They were joined by an unidentified female friend of defendant. The trio were in Addington's pickup truck with defendant at the wheel, when Addington noticed that defendant “was beginning to weave [the] truck a little bit . . . .” He asked defendant to stop and change seats. Both dismounted from the truck. As Addington came around the rear of the truck enroute to the other side, he was struck on the head by defendant and lost consciousness. When he revived he discovered his wallet was missing. So were its contents, including more than $300 in cash. His truck remained at the roadside, but defendant and the lady had…