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SCHOPP v. STATE

No. 93-1901.

641 So.2d 141 (1994)

Eric SCHOPP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Stay Denied August 25, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia Ann Ash, Asst. Atty. Gen., West Palm Beach, for appellee.

ANSTEAD, Judge.

Appellant, Eric Schopp, was charged with armed burglary and grand theft. Upon trial, he was convicted of the lesser offenses of burglary and petit theft. We reverse and remand for a new trial as mandated by the holdings in Richardson v. State, 246 So.2d 771 (Fla. 1971) and Smith v. State, 500 So.2d 125 (Fla. 1986).

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