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ANDRE v. STATE

No. 82-560.

431 So.2d 1042 (1983)

Keith Alan ANDRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 26, 1983.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

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

DAUKSCH, Judge.

This is an appeal from a robbery conviction. The principal question is whether the evidence supports a conviction for robbery or the lesser included offense of theft.

Robbery is defined in section 812.13(1), Florida Statutes, as:

(1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear.

Section 812.13...

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