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ERVIN v. STATE

No. AA-256.

337 So.2d 851 (1976)

Timothy Lester ERVIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 6, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender and Douglas C. Kearney, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen. and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

MILLS and SMITH, JJ., concur.

RAWLS, Acting C.J., dissents.

RAWLS, Acting Chief Judge (dissenting).

As I view the issues, appellant Ervin's conviction of grand larceny should be reversed and set aside. This is so because the jury returned a verdict of guilty as to Count I of the information, and the evidence just does not support the verdict. Meanwhile, the jury returned a verdict of not guilty as to Count II,...

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