KEITH ALAN ANDRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Keith Alan Andre appeals his robbery conviction, arguing that the evidence supports only a theft charge because the taking itself was not violent. The Florida appellate court affirms the conviction, holding that any degree of force—including a snatching motion—is sufficient to convert theft into robbery, and that force used during flight after the taking also supports the robbery conviction.
The conviction for robbery is affirmed. Any degree of force suffices to convert larceny into robbery; the act of snatching money from another's hands constitutes force. Additionally, the force used during flight after the taking also supports the robbery conviction under Florida's statutory definition.
[1] Robbery is defined as the taking of property from another by force, violence, assault, or putting in fear.
[2] Any degree of force is sufficient to convert larceny into robbery.
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Join FLexlaw to unlock all legal intelligence“Any degree of force suffices to convert larceny into robbery.”
Establishes the legal standard that even minimal force is sufficient for robbery; quoted from McCloud v. State.
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Join FLexlaw to unlock all legal intelligenceAppellant snatched money from a victim's hand during a drug deal discussion. When the victim protested and pursued appellant, appellant and his associ…
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DAUKSCH, Judge.
This is an appeal from a robbery conviction. The principal question is whether the evidence supports a conviction for robbery or the lesser included offense of theft.
Robbery is defined in section 812.13(1), Florida Statutes, as:
(1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear. Section 812.13(2)(c), Florida Statutes, defines the lesser of the forms of robbery as:
(2)(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in' s. 775.082, s. 775.083, or s. 775.084.
Finally, section 812.13(3) described what the legislature meant when it used the words “in the course of committing the robbery” in section 812.13(2)(a), (b) and (c), Florida Statutes, and it says:
(3) An act shall be deemed “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.
The facts in this case are that appellant snatched money from the hand of the victim while in the process of discussing a drug deal. When the victim protested and pursued appellant to recover the money, the appellant and his compatriots beat and knocked down the victim and left with the money.
Appellant asserts that the facts in this case do not support a conviction for robbery because he says the only real “force” in this case was inflicted after the taking and that no force, in the robbery sense, was used to obtain the money. In his argument he asserts: “The taking was swift, complete and without violence.”
While appellant is correct in his statement that the initial taking was done without violence, he is incorrect when he concludes that the, only crime proved was larceny. Appellant is wrong for two reasons. First, because the definition of robbery does not limit itself to “violence” but also includes “force;” the act of “snatching” the money from another’s hands is force and that force will support a robbery conviction. McCloud v. State, 335 So. 2d 257 (Fla.1976). In McCloud, our supreme court said “[a]ny degree of force suffices to convert larceny into robbery.” The court expressed the distinction between larceny and robbery by saying that a pickpocket commits larceny but a purse-snatcher commits robbery. The court pointed out that the robber “gained possession of his victim’s purse not by stealth, but by exerting physical force to extract it from her grasp.” In the instant case, appellant also used physical force to extract the money from his victim’s grasp, albeit not the same amount of force as in McCloud. The second reason appellant is wrong when he asserts the jury could not legally find him guilty of robbery is because the statutory definition of robbery includes not only the act of forcibly taking, but it also includes the use of force “in flight after ... the commission.”
A person commits the crime of robbery if it is proved he used any degree of force (or violence, or assault, or putting in fear) against another in order to wrongfully take money (or any property which is the subject of larceny). Appellant did this by snatching the money, by striking the victim shortly thereafter, and by beating the victim after the taking and while leaving with the money.
The judgment is affirmed.
AFFIRMED.
ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
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Robinson v. State, 692 So. 2d 883 (Fla. 1997)…we are concerned only with robbery that has as an element of force or violence. We do not deal with robbery accomplished by means of the alternative element of intimidation. The district court in this case relied on the decision in Andre v. State, 431 So. 2d 1042 (Fla. 5th DCA 1983), to support its conclusion that the degree of force used to snatch a victim’s property from his person, even when the victim does not resist and is not injured, is sufficient to satisfy the force element of Florida’s robbery offe…
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Stufflebean v. State, 436 So. 2d 244 (Fla. 3d DCA 1983)…occurs in an attempt to commit robbery or in flight after the attempt or commission. . Section 812.13(3), Florida Statutes (1981) was enacted in 1974 as part of Chapter 74-383, Laws of Florida, and took effect on July 1, 1975. . In Andre v. State, 431 So. 2d 1042 (Fla. 5th DCA 1983), the appellant, without warning or threat, snatched money from the hands of a victim while in the process of discussing a drug deal. When the victim protested and pursued appellant to recover the money, the appellant and his comp…
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S.W. v. State, 513 So. 2d 1088 (Fla. 3d DCA 1987)…ore than the slight force necessary to accomplish a theft, else all thefts from the person of another would constitute a robbery — a result which our supreme court has never reached or implied in any case. We have also not overlooked Andre v. State, 431 So. 2d 1042, 1043 (Fla. 5th DCA 1983), which held that a defendant was properly convicted of robbery based solely on a sudden snatching of money from another’s hands. We reject this holding, however, as we previously did in Stufflebean v. State, 436 So. 2d 244,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McCLOUD v. State, 335 So. 2d 257 (Fla. 1976)