MONTGOMERY v. STATE

Nos. 96-555, 96-725.

704 So.2d 548 (1997)

David MONTGOMERY, Appellant, v. STATE of Florida, Appellee. STATE of Florida, Appellant, v. David MONTGOMERY, Appellee.

District Court of Appeal of Florida, First District.

June 4, 1997.


Attorney(s) appearing for the Case

Spiro T. Kypreos, Pensacola, for Appellant.

Robert A. Butterworth, Attorney General, and Jean-Jacques A. Darius, Assistant Attorney General, Tallahassee, for Appellee.


MICKLE, Judge.

This is a consolidated appeal involving a single criminal case from which the defendant, David Montgomery, raises two issues on appeal, and the state raises one issue on appeal. We reverse and remand on all issues as set forth below.

David Montgomery was charged by amended information with attempted firstdegree murder (Count I), conspiracy to commit robbery (Count II), robbery with a firearm (Count III), attempted robbery with a firearm (Count...

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