BROOKS v. STATE

No. 91-87.

605 So.2d 874 (1992)

Clarence BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Rehearing April 15, 1992.

On Motion for Second Rehearing October 22, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

Appellant appeals his convictions and sentences arising out of a crime spree. We agree with appellant that his conviction for robbery with a weapon should be reversed and a judgment entered for the lesser offense of simple robbery, because the starter pistol used in the offense did not constitute a weapon under the facts of this case. We affirm as to all other issues.

Turning to the arguments presented, we first note that appellant's challenge...

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