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BROWN v. STATE

Nos. 76-2501, 76-2522, 76-2550 and 76-2582.

358 So.2d 92 (1978)

Alvin David BROWN, a/k/a Calvin Carter, Anthony Jerome Collins, Herbert Marlin Johnson, and Sam Williams a/k/a Paul Adams, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 2, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frank B. Kessler, Asst. Public Defender and Joseph R. Atterbury, Legal Intern, West Palm Beach, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

This case involves a conviction obtained against 4 co-defendants for robbery with a firearm. All 4 defendants were sentenced to a mandatory 3 year term under Fla. Stat. § 775.087(2) (1975) without the benefit of a presentence investigation. We reverse, finding merit in two of the four points on appeal.

The facts reveal that the State could only identify the appellant, Williams, as being the actual...

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