A.J., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, A.J., a juvenile, appeals his adjudication of delinquency based on robbery. We reverse and remand.
The victim of the robbery was sitting in an outdoor cafe with a camera hanging from his shoulder. Appellant grabbed the camera and fled. In taking the camera, appellant did not use force, violence or put the victim in fear. Appellant asserts that the degree of force used to steal the camera was insufficient to constitute robbery. We agree. Based on the authority of S.W. v. State, 513 So. 2d 1088 (Fla. 3d DCA 1987), we reverse and remand with instructions to reduce the adjudication of delinquency to petit theft.
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (12 total)
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Robinson v. State, 692 So. 2d 883 (Fla. 1997)…rein distinguishes the offenses of theft and robbery. See Goldsmith v. State, 573 So. 2d 445 (Fla. 2d DCA 1991)(snatching money from a person’s hand did not involve force sufficient to elevate the offense from petit theft to robbery); A.J. v. State, 561 So. 2d 1198 (Fla. 3d DCA 1990)(grabbing a camera from the victim’s shoulder did not involve force sufficient to elevate the offense from petit theft to robbery); Walker, 546 So. 2d at 1167 (snatching a gold chain from the victim’s neck using only slight force n…1 / 2
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Keith v. News & SUN Sentinel Co., 667 So. 2d 167 (Fla. 1995)…sive presumption that newscarriers are independent contractors. E.g., City of Port St. Lucie v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992) (Barfield, J., concurring), review denied, 618 So. 2d 208 (Fla.1993); Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198 (Fla. 5th DCA) (Sharp, J., concurring specially), dismissed, 576 So. 2d 294 (Fla.1990); Peairs v. Florida Publishing Co., 132 So. 2d 561, 564 (Fla. 1st DCA 1961) (“[W]e assume and hold that the newspaper carriers here bore the relation of independen…
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Harper v. Toler, 884 So. 2d 1124 (Fla. 2d DCA 2004)…the case was “ ‘indistinguishable’ ” from Kendall); Marcoux v. Circle K Stores, Inc., 773 So. 2d 1270, 1271 (Fla. 4th DCA 2000) (relying on King to support affirmance of summary judgment in favor of newspaper); Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198, 1199 (Fla. 5th DCA 1990) (affirming directed verdict in favor of newspaper, which was based on determination that carrier was an independent contractor and stating that case was “factually analogous” to Kendall); Howard v. Shirmer, 334 So. 2d 103,…
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- S.W. v. State, 513 So. 2d 1088 (Fla. 3d DCA 1987)