STATE v. PAFFY

No. 54344.

369 So.2d 340 (1979)

STATE of Florida, Petitioner, v. Robert A. PAFFY, Respondent.

Supreme Court of Florida.

March 22, 1979.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, App. Div. and Larry S. Weaver, Asst. Public Defenders, West Palm Beach, for respondent.


HATCHETT, Justice.

Where the value of property obtained or the amount of money received determines whether an offense is a misdemeanor or a felony, and where value or amount is not in dispute, must the court instruct the jury on the lesser offense based on lesser values or amounts than that proved? Because the decision in this case (358 So.2d 32 (Fla. 4th DCA 1978)) is in conflict with Gilford v. State, 313...

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