DAVID VELAZQUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s conviction and sentence for attempted murder including the imposition of a mandatory minimum sentence for the use of a firearm.
Appellant failed to timely object to the trial court’s pre-trial instruction concerning the read back of testimony and therefore this issue has not been preserved. See Farrow v. State, 573 So. 2d 161 (Fla. 4th DCA 1990) (receding from Hendrickson v. State, 556 So. 2d 440 (Fla. 4th DCA 1990) and George v. State, 548 So. 2d 867 (Fla. 4th DCA 1989)). We reverse, however, appellant’s conviction for the separate crime of improper display of a firearm as being violative of double jeopardy under the supreme court’s holding in Hall v. State, 517 So. 2d 678 (Fla.1988).1
AFFIRMED IN PART; REVERSED IN PART.
HERSEY, C.J., and ANSTEAD and DELL, JJ., concur. . Hall has been superceded by statute; however, the acts giving rise to the charges occurred prior to the effective date of section 775.021(4), Florida Statutes (Supp.1988).
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Thomas v. State, 36 So. 3d 853 (Fla. 3d DCA 2010)…events.” Following the 1987 amendment, the “force, violence, assault, or putting in fear” no longer has to be exerted against the person from whom the property was taken, so long as it was exerted in the course of the taking. See Santilli v. State, 570 So. 2d 400, 402 (Fla. 5th DCA 1990) (“[T]he continuity of [the shoplifter’s] progression from the store to his forceful act against the [pursuing] officer with his car outside the store justified submission of the robbery offense to the jury.”); Rumph v. State…1 / 2
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Messina v. State, 728 So. 2d 818 (Fla. 1st DCA 1999)…d. See, e.g., Lemus v. State, 641 So. 2d 177 (Fla. 5th DCA 1994) (force used to resist a security guard was sufficient to support a conviction for robbery, even though the defendant used no force to take the items from the store); Santilli v. State, 570 So. 2d 400 (Fla. 5th DCA 1990) (force used during the defendant’s attempted flight from the scene of a shoplifting was sufficient to elevate the shoplifting to a robbery); Rumph v. State, 544 So. 2d 1150 (Fla. 5th DCA 1989) (force used to shove a store clerk o…
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Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Farrow v. State, 573 So. 2d 161 (Fla. 4th DCA 1990)
- Pineiro v. State, 573 So. 2d 161 (Fla. 4th DCA 1991)
- George v. State, 548 So. 2d 867 (Fla. 4th DCA 1989)
- Hendrickson v. State, 556 So. 2d 440 (Fla. 4th DCA 1990)