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CUTHBERTSON v. STATE

No. 94-0020.

657 So.2d 20 (1995)

James CUTHBERTSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Certification, and Stay of Mandate Denied July 24, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Steven H. Malone, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sharon A. Wood, Asst. Atty. Gen., West Palm Beach, for appellee.

Rehearing En Banc, Certification, and Stay of Mandate Denied July 24, 1995.

PER CURIAM.

We reverse the judgment and sentence for armed robbery with a firearm and remand for resentencing.

Appellant was charged with robbery with a firearm. The defense theory was that Appellant was not armed. Prior to commencing the trial in the armed robbery case, Appellant was tried and acquitted on the charge of possession of a firearm by a convicted felon....

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