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GARRETT v. STATE

No. NN-191.

388 So.2d 1248 (1980)

Robert Charles GARRETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 24, 1980.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good and Louis G. Carres, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Miguel A. Olivella, Jr., Asst. Atty. Gen., for appellee.

PER CURIAM.

AFFIRMED.

ROBERT P. SMITH, Jr. and BOOTH, JJ., concur.

SHIVERS, J., dissents with opinion.

SHIVERS, Judge, dissenting:

I dissent. Garrett was convicted of robbery and carrying a firearm during the commission of a crime. The heart of his defense was that he was incapable of forming the requisite felonious intent1 at the time of the offense due to the...

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