HOLLINGSWORTH v. STATE

No. 1D07-0297.

981 So.2d 481 (2008)

Lonnie L. HOLLINGSWORTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 13, 2008.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, Steven A. Been, Assistant Public Defender, Kathleen A. Stover, Assistant Public Defender, and Steven L. Seliger, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The defendant, Lonnie Hollingsworth, appeals his judgment and sentence for attempted robbery with a deadly weapon. He contends that the evidence was not sufficient to support a finding that he put the victim in fear or that he used a deadly weapon. Although we reject the first argument, we conclude that the trial court erred as a matter of law by allowing the jury to determine whether the defendant carried a deadly weapon. The state proved that the defendant...

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