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FREDERICK v. STATE

Nos. 81-1584, 81-1650.

424 So.2d 150 (1982)

Richard Bernard FREDERICK and John L. Inman, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 29, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellants, Richard Bernard Frederick and John L. Inman, argue that the trial court erred by its refusal to instruct the jury, in regard to the burglary charge against them, as to the specific intent to permanently deprive the owner of the property. They rely on Baxley v. State, 411 So.2d 194 (Fla. 5th DCA 1981), which held that such intent is an element of theft. In the instant case, however, theft...

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