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JOHNSON v. STATE

No. Z-332.

333 So.2d 505 (1976)

Jack Nelson JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 17, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

RAWLS, Acting Chief Judge.

By amended information, appellant was charged in Count I with breaking and entering with intent to commit grand larceny, in Count II with grand larceny, and in Count III with unlawfully receiving or aiding in the concealment of stolen property, knowing the same to have been stolen.

Prior to taking testimony, appellant's attorney moved the court to instruct the state to make an election between Counts II and III on the ground that...

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