SMITH v. STATE

No. BQ-5.

507 So.2d 788 (1987)

Tarrence L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 27, 1987.


Attorney(s) appearing for the Case

Anthony L. Bajoczky, of Barrett & Bajocsky, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Royall P. Terry, Asst. Atty. Gen., Tallahassee, for appellee.


ZEHMER, Judge.

Tarrence Smith appeals his conviction for armed robbery and his sentence departing from the sentencing guidelines. We affirm the conviction but reverse the sentence.

The evidence at trial established the following facts. Moreland's gun shop was robbed on October 4, 1985. Moreland, owner of the shop, was talking to a customer when two youths came into the store. The customer left, and one of the youths approached Moreland and began discussing...

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