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GRUBBS v. STATE

No. 5D99-3535.

769 So.2d 503 (2000)

Fred GRUBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 20, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, M., Senior Judge.

Mr. Grubbs is again before the court1 appealing his convictions for burglary of a conveyance and criminal mischief. He argues that convictions for burglary and criminal mischief arising out of the same incident violate the prohibition against double jeopardy, and that the court erred in not charging the jury with the lesser included offense of attempted burglary of...

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