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SCHWEIGEL v. STATE

Nos. 78-2109/T4-227, 78-2245/T4-227A.

382 So.2d 868 (1980)

Robert Allen SCHWEIGEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 23, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jon May, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Chief Judge.

Appellant asks us to decide the question of whether the charge of grand theft1 includes the charge of filing a false and fraudulent claim2 as a lesser included offense under the facts of this case.3 We are prepared to answer that question but cannot because the question was never presented to the trial court for its...

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