BATES v. STATE

No. 89-01937.

561 So.2d 1341 (1990)

William Edward BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 1, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


FRANK, Acting Chief Judge.

Bates has presented three contentions in support of an effort to reverse his conviction and the sentence imposed upon him but we find that only one is meritorious. He was charged with armed robbery with a deadly weapon.

Bates entered a convenience store and approached the clerk with an object covered by a rag and stated that he had a ".22" and demanded she give him the store's money. The clerk never saw the object within the rag...

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