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JOHNSON v. STATE

No. 92-1712.

615 So.2d 808 (1993)

Dwight A. JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 16, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before FERGUSON, LEVY and GERSTEN, JJ.

FERGUSON, Judge.

Johnson was arrested and charged with burglary and possession of burglary tools. After a nonjury trial he was convicted and sentenced for possession of burglary tools and petit theft.

In this appeal Johnson contends that the petit theft conviction should be reversed because it is not a lesser included offense of burglary. The State responds that Johnson's failure to object to being adjudicated guilty of an offense which is not a lesser included...

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