THE STATE OF FLORIDA, APPELLANT,
v.
ERIC BROWN, APPELLEE
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The State appealed the trial court's reduction of an armed robbery charge to grand theft of a firearm. The Florida District Court of Appeal reversed, holding that carrying a firearm during flight after committing a strong-arm robbery constitutes armed robbery under Florida law, even though the gun was taken during the robbery itself.
The court held that Brown's conduct fell within the armed robbery statute because: (1) a strong-arm robbery was committed in taking the proceeds; (2) Brown carried a firearm; and (3) he carried it "in flight after the commission" of the robbery, which the statute explicitly defines as occurring "in the course of committing the robbery."
[1] Carrying a firearm in flight after the commission of a robbery constitutes carrying a firearm "in the course of committing the robbery" under the armed robbery statute.
[2] The "course of committing the robbery" includes acts occurring in flight after the commission of the robbery.
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Join FLexlaw to unlock all legal intelligence“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.”
Statutory provision that defines when conduct is considered part of the robbery for purposes of the armed robbery statute.
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Join FLexlaw to unlock all legal intelligenceBrown and a co-defendant physically assaulted a convenience store manager, took gold chains from her neck and cash from the register, and seized a han…
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SCHWARTZ, Chief Judge.
The state appeals from an order entered pursuant to Fla.R.Crim.P. 3.190(c)(4) reducing a charge of armed robbery to grand theft of a firearm. See State v. Brown, 493 So. 2d 469 (Fla. 3d DCA 1986) (denying motion to dismiss).
It was undisputed that, after physically assaulting the manager of a convenience store, Brown and a co-defendant took gold chains from her neck, cash from the store register and a handgun from underneath it. They then fled the scene with the loot; Brown carried the pistol, but did not point it at anyone. The defendant argues that since, as was held in Royal v. State, 490 So. 2d 44 (Fla.1986), the crime was completed when the weapon was taken, the defendants did not carry a firearm “in the course of committing the robbery” within the meaning of the armed robbery statute, section 812.13(2)(a), Florida Statutes (1983).1 Because of the particular language of the statute in question, we must disagree.
Section 812.13 provides:
812.13 Robbery.—
(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. (2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 or s. 775.084.
* * # * * * (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.
Since it is clear, indeed conceded,2 that— unlike Royal in which only a theft was initially involved — a strong-arm robbery was committed in the taking of the proceeds, 812.13(1), and that Brown “carried a firearm,” 812.13(2)(a), “in flight after the ... commission” of that robbery, 812.13(3), his conduct fell within the unequivocal reach of the armed robbery provision. See Mills v. State, 400 So. 2d 516 (Fla. 5th DCA 1981) (burglar who steals gun from premises is guilty of armed burglary, defined in section 810.02(2)(b) as occurring if offender “is armed or arms himself within ... structure”), pet. for review denied, 408 So. 2d 1094 (Fla.1981); compare State v. Pilcher, 443 So. 2d 366 (Fla. 5th DCA 1983) (burglar who steals firearm did not have “gun in his possession when burglary was committed” under section 775.087(2)).
For this reason, the order is reversed with directions to reinstate the charge of armed robbery contained in the information.
. The appellee concedes that the charge should have at most been reduced to strong-arm robbery, rather than to grand theft,
. See supra note 1.
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Carroll v. State, 497 So. 2d 253 (Fla. 3d DCA 1985)…ly weapon.” Clemon v. State, 473 So. 2d 271 (Fla. 3d DCA 1985); Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982). The jury finding of an “armed robbery” obviously refers to the defendant’s taking of the victim’s pocketknife. See State v. Brown, 496 So. 2d 194 (Fla. 3d DCA 1986). But since there was no finding [*267] that the knife was a “deadly” weapon, only a thirty-year sentence under section 812.-13(2)(b), which makes robbery an “ordinary” first degree felony if a “weapon” is carried, is permissible.…
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Valease Jackson v. State, 662 So. 2d 1369 (Fla. 1st DCA 1995)…, regardless of whether the weapon is used. E.g., Thomas v. State, 589 So. 2d 392 (Fla. 1st DCA 1991). One may also be convicted of armed robbery with a deadly weapon if he or she steals the weapon in the course of the robbery. E.g., State v. Brown, 496 So. 2d 194 (Fla. 3d DCA 1986). Indeed, one may be convicted of armed robbery with a deadly weapon if the weapon is carried by an accomplice during the robbery, notwithstanding lack of knowledge that the accomplice has the weapon. E.g., Jones v. State, 648 So.…
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Nation v. State, 668 So. 2d 284 (Fla. 1st DCA 1996)…IM CONSTITUTE ARMED ROBBERY BY CARRYING A DEADLY WEAPON UNDER SECTION 812.13(2)(a), FLORIDA STATUTES (1993)? . Jackson, 662 So. 2d at 1371. . Jaclcson, 662 So. 2d at 1372 (citing Thomas v. State, 589 So. 2d 392 (Fla. 1st DCA 1991); State v. Brown, 496 So. 2d 194 (Fla. 3d DCA 1986); Jones v. State, 648 So. 2d 1210 (Fla. 4th DCA 1995)).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Royal v. State, 490 So. 2d 44 (Fla. 1986)
- Mills v. State, 400 So. 2d 516 (Fla. 5th DCA 1981)
- Williams v. State, 443 So. 2d 366 (Fla. 5th DCA 1983)
- State v. Pilcher, 443 So. 2d 366 (Fla. 5th DCA 1983)
- State v. Brown, 493 So. 2d 469 (Fla. 3d DCA 1986)