BRODERICK v. STATE

No. 89-2967.

564 So.2d 622 (1990)

Desmond BRODERICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 1, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We reverse appellant's conviction of armed robbery and the life sentence which the court imposed under the habitual offender statute, section 775.084, Florida Statutes (Supp. 1988), and remand for a new trial.

Appellant and a companion attempted to steal nine cartons of cigarettes from a 7-11 store in Miramar. The store manager caught them and told them to stop, grabbing appellant from behind. The companion pulled out a knife and told the manager...

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