RUSSELL v. STATE

No. 4D03-571.

874 So.2d 1256 (2004)

Charles L. RUSSELL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

This appeal arises from a jury verdict finding Charles Russell guilty of False Imprisonment, Robbery with a Deadly Weapon, and Trespass. For the reasons outlined below, we reverse the false imprisonment conviction and instruct the trial court, on remand, to resentence Russell and enter an order in compliance with this opinion.

On August 7, 2001, around 7:00 in the morning, a drive-through convenience store clerk was working in his store. He went...

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