SMITH v. STATE

No. Y-340.

330 So.2d 59 (1976)

Sylvester P. SMITH and Richard Person, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 13, 1976.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.


McCORD, Judge.

Appellants were charged with robbery and were tried on April 28, 1975. The court instructed the jury on the crime charged and the lesser included offenses of grand larceny and petit larceny. Appellants' request for instructions to the jury on the penalties for the foregoing offenses was refused. The jury retired and, without requesting any additional instructions, returned verdicts of guilty of grand larceny against both appellants. The jury was discharged...

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