KIEHL v. STATE

No. 77-1904.

363 So.2d 1100 (1978)

Michael H. KIEHL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 20, 1978.


Attorney(s) appearing for the Case

Garrick N. Fox of Rothblatt & Barnett, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

Appellant Kiehl and his codefendant Summerlin were charged by information with having committed a robbery on April 3, 1977. The information contained the further allegation that "during the hours of the aforesaid offense, the said [appellant and codefendant] did carry a deadly weapon, to wit: A FIREARM."

After first pleading not guilty, appellant withdrew his plea and pled nolo contendere to the charge of robbery. At the sentencing hearing in...

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