CLEMENTS v. STATE

No. 73-333.

284 So.2d 700 (1973)

Frankie Lee CLEMENTS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 24, 1973.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender and Steven Rappaport, Asst. Public Defender, for appellant.

Robert Shevin, Atty. Gen., for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


PER CURIAM.

Appellant, defendant in the trial court, seeks review of a judgment and sentence of life imprisonment for first degree murder.

Appellant was found guilty by a jury for the murder of an employee at a U-Totem Store, which occurred during a robbery of the store on November 23, 1971. At the charge conference, prior to instruction of the jury, defendant expressly waived the charging of lesser included offenses to the jury. The state accepted the waiver...

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