LARRY THEODORE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-02-13
No. 85-1892
CAMPBELL, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
502 So. 2d 100 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 4 cases
Topics
Robbery With A Deadly Weapon Deadly Weapon Robbery

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Opinion of the Court
HALL, Judge.

HALL, Judge.

Appellant was convicted of robbery with a deadly weapon and sentenced to twenty-two years’ imprisonment. The sentence was within the recommended guidelines range.

Appellant contends that the court erred in denying his motion for a directed verdict because appellant voluntarily returned the money to the victim after robbing him at gun point. Appellant’s argument centers on a voluntary renunciation theory indicating that the offense was not completed and there was no robbery.

We do not agree and affirm on the basis of Johnson v. State, 432 So. 2d 758 (Fla. 1st DCA 1983).

We find no merit in the appellant’s other point on appeal.

CAMPBELL, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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  • Mullins v. State, 974 So. 2d 1135 (Fla. 3d DCA 2008)
    …on which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary jurisdiction); Harrison v. Hyster, Co., 502 So. 2d 100 (Fla. 2d DCA 1987) (holding that the court should not have chosen to accept jurisdiction to review the per curiam opinion as it was it was decided on the authority of another decision that was never reviewed by the court on the merits).…
  • Smith v. Sturm, 510 So. 2d 343 (Fla. 2d DCA 1987)
    …., 503 So. 2d 365 (Fla. 3d DCA 1987); Dominguez v. Bucyrus-Erie Co., 503 So. 2d 364 (Fla. 3d DCA 1987); Lane v. Koehring Co., 503 So. 2d 364 (Fla. 3d DCA 1987); Brackenridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA 1987); Harrison v. Hyster Co., 502 So. 2d 100 (Fla. 2d DCA 1987). . See also Keyes; Manuel; Wilier; Desvergundt; Lazo; Wallis; Melendez; Dominguez; Lane; Brackenridge. . For certifications of those same two questions, see also Keyes; Manuel; Wilier; Desvergundt; Lazo; Wallis; Melendez; Doming…
  • Williams v. Am. Laundry Mach. Indus., 509 So. 2d 1363 (Fla. 2d DCA 1987)
    …rly before us because it is raised for the first time on appeal, we note that this court has held that the amendment repealing the twelve-year statute of repose in section 95.-031(2) is not to be applied retroactively. Small; Harrison v. Hyster Co., 502 So. 2d 100 (Fla. 2d DCA 1987). We have also considered the plaintiffs argument that the defendant had a continuing “post-sale” duty to warn of or to remedy defects. We hold that because the statute of repose extinguished any products liability cause of action…

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