R.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A conviction for robbery requires evidence of force, violence, assault, or putting in fear, which was absent in a purse snatching case where no more force than necessary was used.
R.P. was adjudicated delinquent for robbery after snatching an elderly woman's purse. The victim testified the purse contained approximately $100.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Force, Violence, Assault, Or Putting In Fear cases and more on FLexlaw
PER CURIAM.
R.P. was adjudicated delinquent based upon the trial court’s determination that R.P. committed a robbery when he reached into the front of an elderly woman’s dress and snatched her purse. R.P. correctly argues that absent evidence of “force, violence, assault, or putting in fear,” § 812.13(1), Fla.Stat. (1983), his conviction of robbery cannot stand. We agree.
The law is well settled that picking a pocket or snatching a purse is not robbery if no more force or violence is used than is necessary to remove the property from a person who does not resist. Mims v. State, 342 So. 2d 116 (Fla. 3d DCA 1977); Adams v. State, 295 So. 2d 114 (Fla. 2d DCA 1974); see Stufflebean v. State, 436 So. 2d 244, 246 n. 3 (Fla. 3d DCA 1983). The record reveals no evidence to support the adjudication of delinquency based on robbery.
We reject R.P.’s contention that his adjudication of delinquency should be for petit theft instead of grand theft. R.P. argues that the state failed to prove a taking of more than $100, an essential element of grand theft. § 812.014(2)(b), Fla. Stat. (1983). We disagree. The victim’s testimony that "it was near a hundred dollars, ‘cause I get two o nine a month, and I had spent ‘bout a half of it,” was sufficient to establish that the purse contained more than $100 at the time it was taken. Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978); Kinsey v. State, 237 So. 2d 808 (Fla. 3d DCA 1970).
For these reasons, we vacate the adjudication of delinquency based on robbery and remand with directions that the trial court adjudicate R.P. delinquent based on grand theft.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Robinson v. State, 692 So. 2d 883 (Fla. 1997)…petrator must employ more than the force necessary to remove the property from the person. Rather, there must be resistance by the victim that is overcome by the physical force of the offender. See S.W., 513 So. 2d at 1091-92 (quoting R.P. v. State, 478 So. 2d 1106 (Fla. 3d DCA 1985), review denied, 491 So. 2d 281 (Fla.1986); Mims v. State, 342 So. 2d 116, 117 (Fla. 3d DCA 1977); Adams v. State, 295 So. 2d 114, 116 (Fla. 2d DCA), cert. denied, 305 So. 2d 200 (Fla.1974); Wayne R. LaFave & Austin W. Scott, Jr.,…1 / 2
-
S.W. v. State, 513 So. 2d 1088 (Fla. 3d DCA 1987)…pted theft, Colby v. State, 46 Fla. 112, 35 So. 189 (1903); and that a juvenile who reached into the front of a woman’s dress and suddenly snatched her purse was improperly convicted of robbery, as he was only guilty of a grand theft. R.P. v. State, 478 So. 2d 1106 (Fla. 3d DCA 1985), rev. denied, 491 So. 2d 281 (Fla.1986). On the other hand, it seems equally apparent that where some additional force is employed to effectuate a theft from the person of another, above and beyond the slight force necessary to e…1 / 3
-
Robinson v. State, 680 So. 2d 481 (Fla. 1st DCA 1996)…nd and Third District Courts of Appeal hold that the snatching of property is not robbery within the meaning of the Florida statute if no more force is used than that necessary to remove the property from a person who does not resist. R.P. v. State, 478 So. 2d 1106 (Fla. 3d. DCA 1985) (reaching into front of elderly woman’s dress and snatching her purse was insufficient to support robbery conviction where there was no evidence of force, violence, assault or putting in fear), review denied, 491 So. 2d 281 (Fla.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adams v. State, 295 So. 2d 114 (Fla. 2d DCA 1974)
- Stufflebean v. State, 436 So. 2d 244 (Fla. 3d DCA 1983)
- Nera Mims v. State, 342 So. 2d 116 (Fla. 3d DCA 1977)
- Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978)
- Kinsey v. State, 237 So. 2d 808 (Fla. 3d DCA 1970)