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PREYER v. STATE

No. 90-496.

575 So.2d 748 (1991)

Willie PREYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 28, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment and sentence. Appellant was charged in three counts with robbery with a firearm, aggravated assault with a firearm and attempted aggravated battery with a firearm. The evidence at appellant's jury trial showed that on July 28, 1989 at 11:00 p.m., Samantha Kirkland, a clerk at a Cumberland Farms Store was robbed as she attempted to get into her car after getting off of work. As she sat down in the driver's seat of her...

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