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MASHBURN v. STATE

No. 98-1386.

745 So.2d 453 (1999)

Terry L. MASHBURN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 12, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.

GOSHORN, J.

Terry Mashburn raises three issues in this appeal from the judgment and sentence on the charge of robbery with a firearm. Although two of Mashburn's contentions are without merit, we find that one issue warrants discussion and resentencing.

Mashburn was charged by information with robbery with a firearm1 while wearing a mask. The evidence at trial showed that Mashburn was one of three men who robbed a Winn-Dixie supermarket...

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