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POOLE v. STATE

No. 2D10-1205.

67 So.3d 431 (2011)

Joshua Allen POOLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 12, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jonathan P. Hurley , Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Joshua Allen Poole was charged with burglary, dealing in stolen property, and grand theft. At trial, the court did not instruct the jury that it could not find Poole guilty of both grand theft and dealing in stolen property under section 812.025, Florida Statutes (2009), and Poole did not request such an instruction. The jury convicted Poole of both dealing in stolen property and the lesser-included offense of petit theft, but acquitted him of

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