PER CURIAM.
Defendant, who was convicted of first-degree theft following a jury trial, appeals and raises three assignments of error. In his first assignment of error, defendant contends that the trial court erred in imposing an upward departure sentence based on factors not alleged in the indictment. In his second assignment of error, defendant contends that the trial court erred in refusing to instruct the jury that it must find that defendant had a culpable mental...
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