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STATE v. WILKINS

No. 4-86-2039.

528 So.2d 1199 (1988)

STATE of Florida, Appellant, v. Leon Cecil WILKINS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

HERSEY, Chief Judge.

Leon Cecil Wilkins was charged by Information with attempted robbery and battery. The trial on those charges resulted in a deadlocked jury. The trial court declared a mistrial. Subsequently, the state amended the Information by raising the charge of robbery to robbery with a deadly weapon and similarly enhancing the battery charge. The trial court granted appellee's motion to dismiss the amended Information, holding that "the state presented no...

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