CLARK v. STATE

No. 96-3045.

701 So.2d 912 (1997)

Eugene CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 3, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ronald S. Chapman, Special Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Eugene Clark, appeals from his conviction and sentence for armed kidnapping, armed robbery, and armed burglary. We affirm in all respects, but we reverse Appellant's sentence and remand for resentencing. Since there was no evidence presented at trial that Appellant had personally used a weapon in committing the crimes charged, it was error for the trial court to enhance Appellant's sentence based on the fact that co-defendants used a firearm...

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