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HOUSE v. STATE

No. 76-869.

344 So.2d 623 (1977)

Frank D. HOUSE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 12, 1977.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The appellant was charged and convicted of robbery. He contends in this appeal that the trial court committed reversible error in refusing to instruct the jury on attempted robbery, as a lesser included offense of robbery. We find merit in appellant's contention and reverse.

Fla.R.Crim.P. 3.510 provides:

"Upon an indictment or information upon which the defendant is to be tried for any offense the jurors may convict the defendant of an...

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