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MOORE v. STATE

No. 96-3053.

708 So.2d 301 (1998)

Marvin MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 26, 1998.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Marvin Moore appeals his conviction and sentence for armed robbery.1 We affirm the conviction but reverse the sentence and remand with directions to conform the written sentence to the oral pronouncement of sentence by the trial court.

One of the contested issues at trial was whether Mr. Moore robbed the victim with a "firearm" or with a "deadly weapon." In an apparent tactical effort to avoid the second charge of possession...

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