GARDNER v. STATE

No. 4D07-3424.

987 So.2d 202 (2008)

John H. GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 23, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Michael Antinori, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

Appellant, John H. Gardner, appeals a final judgment and sentence, asserting the trial court erred in denying his request to instruct the jury on the permissive lesser offenses of grand theft and petit theft. This court has jurisdiction. Fla. R.App. P. 9.140(b)(1)(A).

Gardner was arrested and charged with three counts of dealing in stolen property after a police detective discovered that four items reported...

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