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GALLON v. STATE

Nos. 94-01452, 94-02652.

648 So.2d 309 (1995)

Edward GALLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 6, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Tonja R. Vickers, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Chief Judge.

Gallon was convicted of felony petit theft even though that crime was not charged in the information. As Gallon contends and as the state has conceded, the state should have included the necessary elements of felony petit theft in the charging document in order to obtain a valid conviction for that crime. Young v. State, 641 So.2d 401 (Fla. 1994).

Because the defendant has already served a greater...

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