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KABLITZ v. STATE

No. 4D08-3040.

13 So.3d 155 (2009)

Brian KABLITZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 10, 2009.

Attorney(s) appearing for the Case

Brian Kablitz, South Bay, pro se.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

In defendant's trial for grand theft and dealing in stolen property, his trial counsel failed to request a specific jury instruction to the effect that he could not be guilty of both charges, that the jury would have to choose only one of them if any at all.1 The jury convicted him of both the lesser included offense of petit theft and dealing in stolen property. On his direct appeal, his lawyer failed to raise the issue as...

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