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512 So. 2d 1144

512 So.2d 1144

12 Fla.L.Weekly 2304

McDowell v. State

District Court of Appeal of Florida

Decided September 24, 1987

District Court of Appeal of Florida · decided 1987-09-24

Relies on 491 So. 2d 594 - McDowell v. State · 509 So. 2d 927 - Florida Bar v. Gattegno

Decided 1987-09-24

¶1ON REMAND

UPCHURCH, Chief Judge.

¶2This case was previously considered by this court at 491 So.2d 594 (Fla. 5th DCA 1986). That decision was approved by the Florida Supreme Court at 509 So.2d 927 (Fla.1987). However, the supreme court has remanded this case for consideration of a point not considered in the original opinion which the state conceded to be meritorious.

¶3Under count I of the information, appellant was charged with “robbery with a deadly weapon.” The statute was designated as section 812.13(2)(a), Florida Statutes. Appellant was convicted of robbery with a weapon, a violation of section 812.-13(2)(b), Florida Statutes. The judgment of robbery with a deadly weapon is obviously in error.

¶4Therefore, we remand for correction of the judgment to reflect conviction of robbery with a weapon.

¶5REMANDED.

DAUKSCH and SHARP, JJ., concur.
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