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JONES v. STATE

No. 84-1084.

465 So.2d 566 (1985)

William JONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 12, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Diane Leeds, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

As it is not fundamental error to fail to instruct on an essential element of an offense where the existence of that element is not in genuine dispute, Morton v. State, 459 So.2d 322 (Fla. 3d DCA 1984), the trial court's instruction on an undisputed issue, even if erroneous, does not require reversal where there is no suggestion that the jury was misled.

The remaining issue raised by defendant has been...

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