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ANDERSON v. STATE

No. 4D04-4585.

946 So.2d 579 (2006)

Jason ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 9, 2007.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant, Jason Anderson, timely appeals convictions of robbery with a deadly weapon and attempted robbery with a deadly weapon. We affirm the former conviction and reverse and remand for new trial as to the latter.

The facts material to this appeal are as follows. Benjamin Dominicis was working behind the counter at a Papa John's pizza restaurant in Hollywood when, at approximately 2:40 p.m., he suddenly noticed someone standing next to him. The...

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