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SPENCER v. STATE

No. 1D10-0243.

71 So.3d 901 (2011)

Xavier SPENCER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 19, 2011.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Gail E. Anderson , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Thomas H. Duffy , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The state charged Xavier Spencer with principal in the first degree to robbery, a second-degree felony.1 Spencer testified at trial that he witnessed but did not participate in, aid or abet the crime. The trial court instructed the jury on robbery and the necessarily and permissive lesser-included misdemeanor offenses of petit theft and assault, respectively.2 The verdict form gave the jury the...

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