JENNINGS v. STATE

No. 5D99-1518 S.

765 So.2d 878 (2000)

Gregory Lee JENNINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 18, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Gregory Lee Jennings ["Jennings"] appeals an upward departure sentence. We reverse.

On March 27, 1998, the State charged Jennings with robbery with a firearm and grand theft. At trial, the State presented evidence that Jennings and an accomplice robbed a Service Merchandise store around 8:45 P.M. on January 14, 1998. During the robbery, Jennings carried a shotgun which he pointed at two store clerks demanding money from the cash registers. Jennings...

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