BERUBE v. STATE

No. 2D03-2933.

873 So.2d 635 (2004)

Stephen BERUBE a/k/a Steven Albert Berube, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 4, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

Stephen Berube raises two issues on appeal from his judgment and sentence for robbery with a weapon. We find merit only in his argument that he was illegally sentenced as a prison releasee reoffender (PRR) and reverse for the trial court to strike his PRR sentence.

Wearing underwear on his head as a disguise, Berube rode his bicycle to the Totally Convenient Food Mart where he used a pellet gun to rob the store. Notwithstanding, a jury of...

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