GEAN CLAUDE PAUL, A/K/A GEAN CLARK PAUL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, 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.
At 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.
Therefore, 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.” Otherwise, we affirm the order and the judgment and sentence.
OTT, C.J., and HOBSON and CAMPBELL, JJ., concur.
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Underwood v. State, 455 So. 2d 1133 (Fla. 2d DCA 1984)…we remand to the trial court with directions that it strike from the probation revocation order the parts which read that he committed the alleged violations which were neither proven by the state nor admitted by Underwood. See, e.g., Paul v. State, 421 So. 2d 696 (Fla. 2d DCA 1982); Davis v. State, 411 So. 2d 886 (Fla. 2d DCA 1982); Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979). We also instruct the court on remand to strike the parts which erroneously indicate that Underwood pled guilty to those all…
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Gust v. State, 558 So. 2d 450 (Fla. 1st DCA 1990)…tion created factual issues, summary denial was reversed and remanded for resolution either by attachment of the supporting record or by evidentiary hearing). ERVIN, J., concurs. NIMMONS, J., dissents, with opinion. . See generally Paul v. State, 421 So. 2d 696 (Fla. 2d DCA 1982) (where the court remanded to correct the conviction of armed robbery to sim-pie robbery because the appellant used a toy gun).…
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Brooks v. State, 605 So. 2d 874 (Fla. 1st DCA 1992)…a manner which would or could cause death or inflict serious bodily harm. Bates v. State, 561 So. 2d 1341 (Fla. 2d DCA 1990); Robinson v. State, 547 So. 2d 321 (Fla. 5th DCA 1989); Ridley v. State, 441 So. 2d 188 (Fla. 5th DCA 1983); Paul v. State, 421 So. 2d 696 (Fla. 2d DCA 1982); and MRR v. State, 411 So. 2d 983 (Fla. 3d DCA 1982); compare Gomez v. State, 496 So. 2d 982 (Fla. 3d DCA 1986) (toy gun was a “weapon” for purposes of armed robbery with a weapon conviction under section 812.13(2)(b) where the to…
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