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HARRIS v. STATE

No. 94-2523.

661 So.2d 116 (1995)

Donald Edward HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 12, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Assistant Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara Arlene Fink, Assistant Attorney General, Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from convictions for armed robbery, robbery with a firearm, and possession of a firearm by a convicted felon.

Because the starter pistol which was used by the appellant in committing his crimes was not within the statutory definition of a weapon which "will, is designed to, or may readily be converted to expel a projectile by the action of an explosive," the court erred in convicting...

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