EMSHWILLER v. STATE

No. 83-908.

443 So.2d 343 (1983)

Dude EMSHWILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Judge.

Appellant, Dude Emshwiller, appeals his judgment and sentence of three years for the offense of grand theft. We affirm.

This appeal presents to us a rather confused record in regard to the exact crime with which appellant was charged and convicted. In sorting through the confusion, we must decide whether or not "retail theft" of merchandise, as defined in section 812.015, Florida Statutes (1981), where value is alleged and proved, is a separate...

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