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TESTA v. STATE

No. 80-916.

401 So.2d 1119 (1981)

Anthony E. TESTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 12, 1981.

Attorney(s) appearing for the Case

J. David Bogenschutz of Varon & Stahl, P.A., Hollywood, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

LETTS, C.J., and MOORE, J., concur.

BERANEK, J., dissents with opinion.

BERANEK, Judge, dissenting:

I respectfully dissent. I believe the evidence was insufficient to sustain the crime charged and would therefore reverse the defendant's larceny...

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