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WALLACE v. STATE

No. 3D09-2593.

66 So.3d 1086 (2011)

Sam WALLACE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 17, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Natalia Costea , for appellee.

Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.

SHEPHERD, J.

Sam Patrick Wallace appeals his conviction for strongarm robbery, claiming the trial court should have granted his motion for judgment of acquittal because the State failed to prove he took the property alleged in the information. We agree and remand for entry of a judgment on the permissive lesser included offense of battery.

Wallace was charged with strongarm robbery, pursuant to section 812.13(2)(c), Florida Statutes (2008). The information...

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