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POPE v. STATE

No. 3D10-639.

95 So.3d 302 (2012)

Darryl POPE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 6, 2012.

Attorney(s) appearing for the Case

Andrew M. Kassier , for appellant.

Pamela Jo Bondi , Attorney General, and Richard L. Polin , Chief Assistant Attorney General, Lunar C. Alvey , Assistant Attorney General, and Patrick Colin McCardle , Certified Legal Intern, for appellee.

Before SALTER and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed.

SCHWARTZ, Senior Judge (specially concurring).

Pope was the alleged "wheelman" for two other co-perpetrators who personally committed an armed robbery during which the victim was pistol-whipped. He was charged with and acquitted of the two substantive charges of armed robbery and aggravated battery, but convicted of one count of conspiracy to commit armed robbery.1

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