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FUNCHESS v. STATE

No. 4D10-4932.

126 So.3d 1107 (2012)

Robert FUNCHESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 6, 2012.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Gary Lee Caldwell , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

The defendant, Robert Funchess, appeals his conviction for petit theft.1 He raises three issues on appeal. He argues that the trial court erred in (1) failing to instruct the jury on his theory of defense; (2) allowing photographs into evidence that were not disclosed in discovery and placing the burden on the defense to show actual prejudice; and (3) not allowing impeachment of a witness with his prior inconsistent statement...

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