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BUTTS v. STATE

No. 92-00927.

620 So.2d 1071 (1993)

Warren BUTTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 23, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann P. Corcoran, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Warren Butts attacks his conviction for robbery with a firearm. We hold that the trial court erred in failing to grant Butts's motion for judgment of acquittal. We accordingly reverse the order denying the motion for judgment of acquittal and direct the trial court to discharge Butts.

This case began with a robbery at the Rally Food Store near the Charlotte/Arcadia exit on Interstate 75. In the early morning of July 11, 1991, a customer who was...

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