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DeJESUS v. STATE

No. 2D10-5955.

98 So.3d 105 (2012)

Emanuel DeJESUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 18, 2012.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Chief Judge.

Emanuel DeJesus seeks review of his judgment and sentence for robbery, battery, and assault. DeJesus argues that the trial court abused its discretion in denying his request for a special jury instruction on taking property as an afterthought. We agree and reverse.

DeJesus stood trial on charges of robbery with a firearm, aggravated battery with a firearm, and aggravated assault with a firearm. The charges arose from an incident that...

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