Diez v. State

359 So.2d 55 (1978)

Lazaro J. DIEZ, Appellant,

v.

The STATE of Florida, Appellee.

No. 77-662.

District Court of Appeal of Florida, Third District.

June 6, 1978.

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON and NATHAN, JJ.

Defendant, Lazaro Diez, appeals his conviction for burglary of a dwelling and attempted petit larceny (as reduced from grand larceny).

At the conclusion of the trial, the court rendered the following instruction to…