HAMILTON v. STATE

No. 84-2642.

494 So.2d 505 (1986)

Isaac HAMILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 16, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A.N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Chief Judge.

The defendant appeals his conviction for first degree felony robbery. We reject the defendant's assertions of error in connection with his trial, but we agree with the defendant that under the facts of this case he could be convicted only of a second degree felony.

The defendant was charged with robbing a bank in Pasco County. The information alleged that during the course of the robbery the defendant threatened to use a firearm. No firearm...

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