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GONZALEZ v. STATE

No. 82-2450.

432 So.2d 171 (1983)

Rafael GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 22, 1983.

Attorney(s) appearing for the Case

Gary S. Israel, West Palm Beach, for appellant.

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

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

Although fundamental error may be raised by collateral attack through motion for post-conviction relief, Clark v. State, 336 So.2d 468 (Fla. 2d DCA 1976), aff'd, 363 So.2d 331 (Fla. 1978), the failure of the indictment charging the defendant with robbery under Section 812.13, Florida Statutes (1975) to expressly allege the element of specific intent was not fundamental...

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