LIVAR v. STATE

No. 2D03-1191.

873 So.2d 544 (2004)

Edward Lee LIVAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 21, 2004.


Attorney(s) appearing for the Case

Elizabeth Greer of Dodds & Farrell, P.A., Lakeland, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Edward Lee Livar challenges his conviction and sentence for petit theft, raising three issues on appeal. Because the trial court improperly instructed the jury, we reverse.

The State charged Livar with grand theft of an automobile and petit theft of a check. At trial, after the State rested, the trial court granted Livar's motion to dismiss the petit theft charge. However, during the charge conference, the State requested that the trial court...

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