STATE v. McCLAIN

No. 86-3084.

509 So.2d 1360 (1987)

STATE of Florida, Appellant, v. Oliver McCLAIN, Appellee.

District Court of Appeal of Florida, Second District.

July 22, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellee.


SCHOONOVER, Judge.

The State of Florida appeals the judgment and sentence entered by the trial court after the defendant, Oliver McClain, pled guilty to two counts of robbery. We find that the trial court erred when, without the consent of the state, it dismissed one of the charges filed against McClain and, on its own motion, amended the other charge.

McClain was originally charged by an information with two counts of robbery with a firearm. The state, pursuant...

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