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CREW v. STATE

No. 5D12-4911.

146 So.3d 101 (2014)

Jerry CREW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 29, 2014.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Nancy Ryan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

Jerry Crew ("Appellant") appeals his judgment and sentences for second-degree felony murder and robbery, arguing primarily that he is entitled to a new trial because the trial court abused its discretion by denying a request for a special jury instruction on Appellant's theory of defense to robbery.1 At trial, Appellant's theory of defense was that the taking of property was an afterthought and, therefore, a theft, not robbery...

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