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ALLEN v. STATE

No. 85-2011.

487 So.2d 410 (1986)

Johnny Lee ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 30, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

Defendant/appellant Johnny Lee Allen was charged by information with one count of robbery with use of a deadly weapon and one count of aggravated battery. After a jury trial, he was found guilty of robbery as charged, and as to the second count, guilty of the lesser included offense of battery.

Prior to sentencing, the state filed notice to declare the defendant a habitual offender, on the basis...

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