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SMITH v. STATE

No. 90-0764.

573 So.2d 1079 (1991)

Harlis SMITH, Appellant/Cross Appellee, v. STATE of Florida, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

February 13, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jill Hanekamp, Asst. Public Defender, West Palm Beach, for appellant/cross appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee/cross appellant.

PER CURIAM.

Harlis Smith appeals from a judgment and sentence for robbery with a firearm and battery. We affirm.

We hold that the trial court did not err when it denied appellant's motion for judgment of acquittal. The state alleged in its information that the robbery occurred on or about September 8, 1989. The evidence at trial showed that the robbery occurred on September 9, 1989 at about 2:50 A.M. Appellant did not request a bill of particulars nor did...

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