## Facts

- The State of Florida prosecuted Ronald Anthony Thomas for murder and armed robbery.
- Trial evidence showed the victim allegedly owed Thomas $10 in cash.
- Thomas approached the victim while holding a gun and demanded repayment of the $10.
- The victim denied owing Thomas the money.
- A struggle followed during the confrontation.
- During the struggle, Thomas shot and killed the victim.
- At trial, Thomas asked the court to instruct the jury that a creditor’s good-faith attempt to collect a debt excuses the creditor’s use of force against the debtor.
- The trial judge refused to give the requested instruction.
- The jury convicted Thomas of murder and armed robbery.
- Thomas appealed to the Florida District Court of Appeal.

## Issues

1. Is a defendant charged with armed robbery (and murder based on that event) entitled to a jury instruction that a creditor’s good-faith attempt to collect a debt excuses the use of force against the debtor?

## Decision

- The appellate court affirmed Thomas’s convictions.
- The court held the trial court properly refused the requested “good-faith debt collection” instruction because it did not state a valid defense to robbery on these facts.

## Legal Principles

- Robbery is not excused by a defendant’s good-faith belief that the victim owes the defendant money as a debt when the defendant uses force to obtain cash.
- Any “claim of right” concept recognized in theft-related offenses is limited and does not authorize the use of force to collect an alleged debt.
- A trial court may refuse a requested jury instruction that is not supported by the law governing the charged offense or that would mislead the jury into believing an improper defense applies.

## Conclusion

Thomas v. State holds that a defendant is not entitled to a jury instruction suggesting that a creditor’s good-faith attempt to collect a debt justifies using force to take money; because that theory is not a defense to robbery, the trial court correctly denied the instruction and the appellate court affirmed the murder and armed robbery convictions.


Thomas v. State, 584 So.2d 1022 (1991)