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PEAVY v. STATE

No. EE-471.

350 So.2d 1152 (1977)

Walter PEAVY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 26, 1977.

Attorney(s) appearing for the Case

Michael Minerva, Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Judge.

A conviction for auto theft. Although the trial court charged the jury that each material allegation of the information must be proved, and that those allegations included the defendant's "intent to permanently deprive or defraud the true owner of the property of the use and benefit thereof," the court did not repeat "permanently" when defining larceny. There was no objection. There was no fundamental error. Humphries v. State, 320 So.2d 843 (Fla. 4th DCA 1975), cert. den., 333 So.2d 463 (Fla. 1976).

AFFIRMED.

BOYER, Acting C.J., and MILLS, J., concur.

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