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TOLBERT v. STATE

No. 5D04-2785.

922 So.2d 1013 (2006)

Kenneth TOLBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 16, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, J.

Kenneth Tolbert was convicted of home invasion robbery with a firearm, kidnapping with intent to commit a felony with a firearm, two counts of kidnapping with intent to commit a felony, aggravated battery with a firearm, aggravated battery with a deadly weapon, aggravated battery causing great bodily harm, and robbery with a firearm. Tolbert argues that erroneous jury instructions entitle him to reversal of his convictions and a new trial. Specifically...

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