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HARRIS v. STATE

No. 2D10-3664.

76 So.3d 1080 (2011)

Anthony James HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Ronald N. Toward , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Chief Judge.

Anthony James Harris appeals his convictions and sentences for robbery with a firearm and battery. Because the trial court committed fundamental error, as the State concedes, in sentencing Harris for robbery with a firearm when he was not charged with that crime in the second-amended information, we reverse his judgment and sentence for that crime.

In count one of the second-amended information, the State alleged that on January 5,...

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