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DAVID ROKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

The appellant was found guilty of robbery by a jury; he was sentenced to twenty years in prison. The proof of appellant's guilt was overwhelming. On this appeal, he claims error upon the court's refusal to give one of his requested instructions. Prejudicial error is not presented by the record because (1) the substance of the instruction was adequately covered in the court's charge; see Mackiewicz v. State, Fla. 1959, 114 So.2d 684, 691; and (2) even if the refusal of the requested instruction was error it was not prejudicial error. See Hargrett v. State, Fla.App. 1971, 255 So.2d 298, 299.

Affirmed.

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ROKER v. STATE
(Oct 24, 1973)