District Court of Appeal of Florida December 29, 1982, Nos. 81-1584, 81-1650 (Frederick v. State)

COBB, Judge.

The appellants, Richard Bernard Frederick and John L. Inman, argue that the trial court erred by its refusal to instruct the jury, in regard to the burglary charge against them, as to the specific intent to permanently deprive the owner of the property. They rely on Baxley v. State, 411 So.2d 194 (Fla. 5th DCA 1981), which held that such intent is an element of theft.