EDWARD BEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
OVERTON, Justice.
We accepted jurisdiction in this cause, reported as Ben v. State, 461 So. 2d 286 (Fla.2d DCA 1985), on the basis of conflict with Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922).* We quash the decision of the district court of appeal on the authority of Royal v. State, 490 So. 2d 44 (Fla.1986), and remand to the district court for reconsideration in light of our decision in that case.
It is so ordered.
McDonald, C.J., and ADKINS, EHRLICH and SHAW, JJ., concur. BOYD, J., dissents with an opinion.
*
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
BOYD, Chief Justice,
dissenting.
Because I find that the defendant used force to effectuate a taking of property from the possession of another, I would hold that the evidence showed the offense of robbery and would approve the decision of the district court of appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Montsdoca v. State, 84 Fla. 82 (Fla. 1922)
- Royal v. State, 490 So. 2d 44 (Fla. 1986)
- Young v. Rockland Indus., Inc., 461 So. 2d 286 (Fla. 4th DCA 1985)
- BEN v. State, 461 So. 2d 286 (Fla. 2d DCA 1985)