FOURNIER v. STATE

No. 2D01-736.

827 So.2d 399 (2002)

Paul FOURNIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 11, 2002.


Attorney(s) appearing for the Case

Keith A. Miller, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

A jury convicted Paul Fournier of attempted robbery and battery. We affirm his battery conviction without discussion, but reverse his conviction for attempted robbery.

The victim testified that she was driving home from work and had stopped at a traffic sign in her employer's parking lot. She noticed Fournier standing across the street. He appeared to be speaking to her, so she reached over to turn down her radio in order to hear him. When...

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