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JONES v. STATE

No. 4D02-3207.

869 So.2d 1240 (2004)

Kevin JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 11, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant was convicted and sentenced for robbery with a deadly weapon, the deadly weapon being a BB gun having the appearance of a .9 millimeter hand gun. He complains that the court erred in denying his motion for judgment of acquittal on that portion of the verdict finding him guilty of being armed with a deadly weapon because the BB gun was destroyed by the state prior to trial and, thus, was not presented to the jury. The state offered no other proof...

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