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FLESNER v. STATE

No. 2D03-4930.

890 So.2d 331 (2004)

Jonathan FLESNER, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

December 10, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.

ALTENBERND, Chief Judge.

Jonathan Flesner appeals his judgment and sentence for robbery with a weapon. We affirm. On the issues raised by Mr. Flesner, we comment only on an error in the judgment. The State charged Mr. Flesner with robbery with a deadly weapon. During this robbery, Mr. Flesner used a BB gun, which he maintained did not have an active CO2 cartridge. The jury convicted him of the lesser-included offense of robbery with a weapon. The judgment incorrectly...

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