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GAINES v. STATE

No. AB-427.

405 So.2d 1031 (1981)

Frederick Eugene GAINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 10, 1981.

Attorney(s) appearing for the Case

P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

Gaines appeals judgments of guilty and sentences on three counts of an indictment on the grounds that he should have been treated as a youthful offender. We affirm appellant's treatment as an adult on the counts of burglary of a dwelling and sexual battery.

However, we reverse the robbery conviction on the authority of King v. State, Case No. 80-1208 (Fla. 4th DCA July 1, 1981) [6 FLW 1569]. Since robbery without a firearm, deadly weapon...

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