TOOKES v. STATE

No. 4D02-2183.

842 So.2d 1063 (2003)

Reginald TOOKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 23, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Tookes appeals his conviction and sentence for robbery with a firearm. We reverse.

Marvin Carver was robbed of his wallet by a man who appeared to be holding a handgun underneath a piece of cloth. Carver could see the silver tip of a barrel sticking out from underneath the cloth. He admitted he could not see enough of the gun to determine whether it was a real gun or a plastic gun. However, he claimed to have seen and heard the man cock the gun underneath...

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