CLEVELAND v. STATE

No. 3D00-676.

773 So.2d 1205 (2000)

Arnold Lincoln CLEVELAND, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 6, 2000.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and SORONDO, JJ.


PER CURIAM.

Arnold L. Cleveland ("the defendant") appeals his conviction and sentence for Grand Theft, claiming that the trial court erred in refusing to instruct the jury on Petit Theft, a lesser included offense of the crime charged. We agree and reverse for the following reasons.

The defendant was arrested and charged by information with Armed Robbery. At trial, the victim testified that a gold chain and ring were taken from him by the defendant. The victim...

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