CUMMINGS v. STATE

No. 81-1139.

412 So.2d 436 (1982)

Gregory CUMMINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 14, 1982.


Attorney(s) appearing for the Case

Edna L. Caruso, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Trela J. White, Asst. Atty. Gen., West Palm Beach, for appellee.


DELL, Judge.

Gregory Cummings appeals his conviction and sentence for aggravated battery with a firearm, shooting at or into a public or private building, and aggravated assault with a firearm.

While attempting to purchase a five dollar bag of marijuana, appellant was beaten and several items of personal property were taken from him. The parties did not dispute the fact that a shooting occurred following this incident. The question was who fired the gun. Appellant...

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