HOLMES v. STATE

No. 93-2179.

638 So.2d 986 (1994)

Eumir HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 14, 1994.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Steven A. Been, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

In this appeal of a judgment of conviction and sentence for robbery with a firearm, appellant argues that the lower court erred in denying his motion for a judgment of acquittal. We find there was a sufficient evidentiary basis for submission of the question of whether an actual, as opposed to, a toy firearm was used in the commission of this offense. We note that when a party moves for a judgment of acquittal, he admits all facts in evidence adduced and...

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