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CANADY v. STATE

No. 2D00-2942.

813 So.2d 161 (2002)

David CANADY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 13, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

David Canady appeals his judgment and sentence for armed robbery with a firearm, grand theft of a motor vehicle, and giving a false name to a law enforcement officer. Because the State failed to prove the necessary elements to support a conviction for grand theft of a motor vehicle, we vacate the judgment and sentence for that offense.

The evidence presented at trial reflects that Canady was a passenger in a car that had been stolen. The...

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