DAVIS v. STATE

No. 3D98-3286.

760 So.2d 977 (2000)

Darious DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 5, 2000.


Attorney(s) appearing for the Case

Philip L. Reizenstein and Kenneth L. Weisman, for appellant.

Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.

Before LEVY, FLETCHER, and RAMIREZ, JJ.


PER CURIAM.

Appellant Darious Davis appeals his conviction and sentence for armed robbery. We affirm the conviction, but reverse and remand on the sentencing point.

On January 13, 1998, a seventy-one year old woman was robbed at gunpoint upon entering her parked vehicle. Approximately two hours after the robbery, a show-up identification was conducted in the street near the home where Davis and the co-defendant were arrested after the victim identified Davis...

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