DAVILA v. STATE

No. 2D07-3439.

988 So.2d 35 (2008)

Franklin DAVILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 21, 2008.


Attorney(s) appearing for the Case

C. Nathaniel White, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Sara Macks, Assistant Attorney General, Tampa, for Appellee.


LEVY, DAVID L., Associate Senior Judge.

Franklin Davila appeals his jury conviction for conspiracy to commit robbery and for attempted robbery, for which he was sentenced to two years of community control followed by three years of probation. The sentence was negotiated after conviction in exchange for Davila's agreement to testify against his codefendants. Because the trial court erred in denying Davila's motion for judgment of acquittal, we reverse the conviction...

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