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FLARITY v. STATE

No. 86-481.

499 So.2d 18 (1986)

James L. FLARITY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 11, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a robbery conviction. The issue is whether the state proved a case of robbery or merely petit larceny. Pursuant to the recent supreme court ruling in Royal v. State, 490 So.2d 44 (Fla. 1986), we find that the evidence supports a conviction for petit larceny.

Appellant pumped gasoline into his car at a self-service station and did not have enough money to pay for it. When the...

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