PALMER v. STATE

No. 85-1283.

489 So.2d 226 (1986)

Gary PALMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 5, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


UPCHURCH, Judge.

Gary Palmer appeals a judgment and sentence for burglary of a dwelling and petit theft.

Palmer was charged with grand theft and burglary of a dwelling. At the charge conference he sought to have the jury instructed as to the necessarily lesser included offenses of petit theft, burglary of a structure and trespass of a structure. The court gave the instruction on petit theft, but refused an instruction on burglary of a structure and trespass...

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