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421 So. 2d 696

Docket No. 82-90.

Paul v. State

Gean Claude PAUL, a/K/a Gean Clark Paul, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 5, 1982.

District Court of Appeal of Florida · decided 1982-11-05

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-05

How this case has been cited

Cited by 7 later decisions — most recently May 2000

7 state decisions

40198219902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellant, while on probation for an earlier offense, allegedly committed two armed robberies, one of a Farm Store and a second of a furniture store. While we find no error and therefore affirm the trial court's revocation of probation, we remand the revocation order for certain corrections.

¶5At appellant's revocation hearing, no evidence was presented to prove that appellant committed the robbery at the Farm Store. Furthermore, the "weapon" used by appellant in the furniture robbery was a toy gun. As such, it did not constitute, nor was it used as, a deadly weapon.

¶6Therefore, that portion of the order finding that appellant committed a robbery of the Farm Store should be stricken, and the "armed robbery" at the furniture store should be corrected to read "robbery." *697 Otherwise, we affirm the order and the judgment and sentence.

¶7OTT, C.J., and HOBSON and CAMPBELL, JJ., concur.

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