CARTER v. STATE

No. 4-86-1168.

503 So.2d 969 (1987)

Albie David CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 11, 1987.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Jeffrey L. Anderson, Asst. Public Defender, and John Garcia, Legal Asst., West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Michael W. Baker, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We reverse and remand with directions that appellant's judgment be vacated and that judgment be entered for the lesser offense of second degree robbery. Although there was evidence that appellant threatened to use an unseen firearm during the course of the robbery, the proof at trial established that he did not possess a firearm during the course of the robbery. Hence, a conviction for robbery with a firearm cannot be sustained. See I.O. v. State,<...

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