LUNSFORD v. STATE

No. 82-69.

426 So.2d 1178 (1983)

Richard Allen LUNSFORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 9, 1983.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Cynthia Karl-Stamm, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

The appellant, Richard Allen Lunsford, was convicted of robbery with a weapon of a convenience store in St. Cloud. The cashier of the store identified him, both at pretrial proceedings and at trial, as the culprit. His defense was alibi: he and two friends placed him elsewhere at the time of the robbery. The fact that the robbery occurred, and was completed, was uncontroverted.

At the jury charge conference, the defense attorney requested an instruction...

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