SELWYN v. STATE

No. 2D04-884.

903 So.2d 361 (2005)

Oliver SELWYN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 15, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


WALLACE, Judge.

On appeal from his judgment and sentence for unarmed robbery, Oliver Selwyn raises four sentencing errors. He is entitled to relief as to three.

I.

The information alleged that Selwyn committed robbery while carrying a firearm, which is a first-degree felony. See § 812.13(2)(a), Fla. Stat. (2002). Finding that the State failed to present prima facie evidence that Selwyn was armed, the trial court granted a judgment of...

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