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CHESTER v. STATE

No. 83-727.

441 So.2d 1165 (1983)

Reginald D. CHESTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 23, 1983.

Attorney(s) appearing for the Case

John R. Parkhill, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and M. Ann Garrison, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant seeks reversal of his conviction for robbery. He urges as support for his position the failure of the trial judge to instruct the jury on the lesser included offense of petit theft. In State v. Bruns, 429 So.2d 307 (Fla. 1983), this same issue was before the court which held that "[f]undamental trial fairness requires that a defendant being tried for robbery should be permitted to have an instruction...

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