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HENDERSON v. STATE

No. 81-2505.

429 So.2d 1284 (1983)

Jim HENDERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 11, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and William P. Thomas, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Where the sole issue in dispute is the identification of the defendant as the perpetrator of the robbery, the failure of the trial court to instruct the jury on the intent to permanently deprive the owner of his property is not fundamental error which will be recognized in the absence of an objection. Compare Stewart v. State, 420 So.2d 862 (Fla. 1982); Lewis v. State, 411 So.2d 880

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