CLARK v. STATE

Nos. 88-1274, 88-1576.

553 So.2d 240 (1989)

Vernon CLARK, Appellant, v. The STATE of Florida, Appellee. Darryl Zanuck SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 21, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John Lipinski and Arthur Carter, Sp. Asst. Public Defenders, for appellants.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and LEVY, JJ.


PER CURIAM.

Defendants Clark and Smith appeal their convictions which were the result of a murder and an attempted armed robbery. Smith also appeals his sentence. The state cross-appeals the trial court's giving of a withdrawal instruction. We affirm the convictions.

While a customer was in a liquor store cashing his paycheck, defendant Clark and a man named Brown, who is not involved in this appeal, entered the store. While undertaking to commit a robbery...

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