BLANCO v. STATE

No. 95-2800.

679 So.2d 792 (1996)

Julian BLANCO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 9, 1996.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Louis Campbell, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven Groves, Assistant Attorney General, for appellee.

Before NESBITT, COPE and FLETCHER, JJ.


PER CURIAM.

Julian Blanco appeals a judgment of conviction and sentence for robbery with a weapon in violation of section 812.13(2)(b), Florida Statutes. We reverse the conviction and sentence and remand with directions to adjudge the defendant guilty of simple robbery under section 812.13(2)(c), and for resentencing.

The State charged Blanco with robbing a supermarket cashier with a weapon, namely, a bottle. The evidence adduced at trial showed that the defendant...

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