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441 So. 2d 1165

Chester v. State

District Court of Appeal of Florida

Decided November 23, 1983

District Court of Appeal of Florida · decided 1983-11-23

Cited by 3 later decisions — most recently June 2015

3 state decisions

Relies on 429 So. 2d 307 - State v. Bruns

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-23

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PER CURIAM.

¶1Appellant seeks reversal of his conviction for robbery. He urges as support for his position the failure of the trial judge to instruct the jury on the lesser included offense of petit theft. In State v. Bruns, 429 So.2d 307. (Fla.1983), this same issue was before the court which held that “[f]unda-mental trial fairness requires that a defendant being tried for robbery should be permitted to have an instruction on a lesser included offense upon timely request.” (Emphasis supplied.) In this case, there was neither a request for such an instruction, nor an objection made for the lack of such an instruction.

¶2We therefore affirm.

DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
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