DEPASQUALE v. STATE

No. 83-130.

438 So.2d 159 (1983)

Joseph DEPASQUALE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 21, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


RYDER, Judge.

Joseph Depasquale seeks review of his judgment and sentence for the first degree felony of armed robbery. Depasquale contends he was improperly convicted of first degree armed robbery, alleging the state failed to establish that he used a weapon during the commission of the crime. We affirm.

The statute under which appellant was charged, section 812.13(2)(b), Florida Statutes (1981), provides that the use of a weapon during the commission of...

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