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JAMES v. STATE

No. 70-282.

243 So.2d 187 (1971)

Donnie JAMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 1971.

Attorney(s) appearing for the Case

Douglas M. Midgley, Public Defender, and William J. Nelson, Asst. Public Defender, Fort Myers, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Lakeland, for appellee.

LILES, Acting Chief Judge.

Donnie James was charged with robbery and tried before a jury in the Court of Record of Lee County. He was found guilty of the offense of grand larceny.

Appellant James contends the trial court erred in failing to give a jury instruction on petit larceny as a lesser included offense. Defense counsel submitted his requested instructions in writing to the trial judge at the proper time, and the instruction on petit larceny was denied...

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