RODRIGUEZ v. STATE

No. 79-666.

396 So.2d 798 (1981)

Manuel RODRIGUEZ and Pastora Rodriguez, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellants.

Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and FERGUSON, JJ.


SCHWARTZ, Judge.

The defendants were each convicted of one count of second-degree grand theft and two counts of petty theft in the Monroe County circuit court. We reverse for a new trial because of the court's denial of a requested jury instruction which embodied the legal basis of their defense.

The Rodriguezes are husband and wife who were employed as managers of a motel in Marathon. This case arises from their failure to remit to the owner the entire proceeds...

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