SMITHSON v. STATE

No. 96-1489.

689 So.2d 1226 (1997)

James M. SMITHSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 14, 1997.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, Judge.

James M. Smithson ["Smithson"] appeals his conviction for robbery with a firearm or destructive device. We affirm.

On October 3, 1995, at approximately 2:20 a.m., Smithson entered a 7-Eleven Store in Orlando, Florida, carrying a gun. He pointed the gun at a sales clerk, Bryan Nye, but almost immediately reassured Nye that he did not intend to hurt him; he just wanted a beer, which was locked in the cooler.1 Smithson...

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