DOLAN ROBERT KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1986-07-17
No. 85-1904
COBB and COWART, JJ., concur.
490 So. 2d 1383 Florida District Court of Appeal, Fifth District (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from burglary and robbery convictions. We affirm the burglary conviction and reverse the robbery conviction.

The facts of this case are virtually indistinguishable from those of Royal v. State, 490 So. 2d 44 (Fla.1986), which holds that violence in departing from a theft is not such violence as to raise the crime from theft to robbery. Thus, we must reverse the robbery conviction here. Because the charge and the evidence well support a petit theft conviction, we remand for entry of judgment and sentence for that crime.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB and COWART, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Dolan Robert Kelly v. State, 508 So. 2d 788 (Fla. 5th DCA 1987)
    …ry (Count II) he was placed on two years’ probation to run consecutive to the confine [*789] ment sentence on Count I. The defendant appealed and this court reduced the robbery conviction to petit theft and remanded for resentencing. Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986). At his sentencing hearing on remand the trial court not only sentenced the defendant on the petit theft charge (Count II) but purported to vacate the prior sentence on the burglary with battery charge (Count I) and to resen-tenc…
  • Foster v. State, 596 So. 2d 1099 (Fla. 5th DCA 1992)
    …So. 2d 44 (Fla.1986), quashing 452 So. 2d 1098 (Fla. 5th DCA 1984). See also, Milam v. State, 505 So. 2d 34 (Fla. 5th DCA 1987); Flarity v. State, 499 So. 2d 18 (Fla. 5th DCA 1986); Hogan v. State, 493 So. 2d 84 (Fla. 4th DCA 1986); Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986); Annot. Use of Force or Intimidation in Retaining Property or In Attempting to Escape, Rather Than in Taking Property, as Element of Robbery, 94 A.L.R.3d 643 (1979). Common law larceny and statutory theft (§ 812.014, Fla.Stat.)…
  • Milam v. State, 505 So. 2d 34 (Fla. 5th DCA 1987)
    …elf comes too late to qualify as an element of the crime of robbery. See also Flarity v. State, 499 So. 2d 18 (Fla. 5th DCA 1986); Hogan v. State, 493 So. 2d 84 (Fla. 5th DCA 1986); Walker v. State, 493 So. 2d 77 (Fla. 4th DCA 1986); Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986). This holding makes it impossible to prove a robbery in the context of an article taken from the shelf of a self-service store. In this case, Milam entered a self-service grocery store. He took two packages of cheese and hid th…

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