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DALE v. STATE

No. 87691.

703 So.2d 1045 (1997)

Curtis DALE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied January 9, 1998.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Kathleen Stover, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Petitioner.

Robert A. Butterworth, Attorney General; James W. Rogers, Bureau Chief, Criminal Appeals and Jean-Jacques Darius, Assistant Attorney General, Tallahassee, for Respondent.

SHAW, Justice.

We have for review Dale v. State, 669 So.2d 1112 (Fla. 1st DCA 1996), wherein the district court certified:

Can a jury permissibly find a BB gun to be a deadly weapon and a defendant guilty of armed robbery when the evidence shows that the BB gun was found unloaded, without a CO2 cartridge, and no evidence was presented that the BB gun was loaded at the time of the offense, where the defendant stated...

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