O'BRIEN v. STATE

No. 88-1508.

546 So.2d 32 (1989)

Michael O'BRIEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 27, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John Lipinski, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., COPE, J., and GAVIN K. LETTS, Associate Judge.


PER CURIAM.

Appellant, defendant below, appeals a final order denying his motion for post-conviction relief under Rule 3.850. We affirm.

Appellant was convicted of armed robbery. Appellant argues that his trial counsel was ineffective in failing to argue that there was insufficient evidence to prove appellant was armed during the robbery.

The robbery victim testified that the appellant had lifted his shirt thereby revealing the handle of a gun protruding...

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