HARPHAM v. STATE

Nos. 82-326, 82-339.

435 So.2d 375 (1983)

David M. HARPHAM and Leo Pitre, a/k/a Gary Dubois, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 28, 1983.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Theresa K. Edwards, Asst. Public Defender, Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Harpham and Pitre, co-defendants below, appeal from their convictions and sentences for armed robbery. The primary issue in this case is whether or not the proofs at trial were sufficient to create a prima facie case to enable the jury to determine that appellants "carried a firearm or other deadly weapon" within the scope of section 812.13(2)(a), Florida Statutes (1981). We conclude that in this case the proofs were insufficient.

Appellants...

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