TONY GEORGE HOPPS, A/K/A ANTONIO HOPPS, TONY GEROME HOPPS AND TONY JEROME HOPPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant was convicted of burglary of a dwelling with a firearm and two counts of robbery with a firearm. He broke into a motel room, threatened an elderly couple with a firearm, and stole the wife’s purse. The purse contained some property belonging to the husband. The defendant was sentenced as a habitual violent felony offender and received three concurrent life sentences. We affirm the convictions and sentences for the burglary and for the robbery of the wife. We reverse the robbery conviction and sentence concerning the husband because the evidence does not establish that the defendant took anything from the husband. The theft of a purse containing property of two victims is typically a single robbery. Cobb v. State, 586 So. 2d 1298 (Fla. 2d DCA 1991); Pettigrew v. State, 552 So. 2d 1126 (Fla. 3d DCA 1989), review denied, 563 So. 2d 633 (Fla.1990). See also Brown v. State, 430 So. 2d 446, 447 (Fla.1983). Although the act of threatening the husband may well have constituted an additional crime, the defendant was not charged nor was the jury instructed on any such offense.
Affirmed; reversed and remanded in part.
RYDER, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.
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Citator
Cited By
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Lundy v. State, 614 So. 2d 674 (Fla. 2d DCA 1993)…as taken from the assistant manager. There is no evidence that the defendants intended to take property from two people. Taylor v. State, 589 So. 2d 997 (Fla. 1st DCA 1991), rev’d on other grounds, 608 So. 2d 804 (Fla.1992). See also Hopps v. State, 594 So. 2d 848 (Fla. 2d DCA 1992) (single robbery occurs when robber confronts couple and takes wife’s purse containing husband’s property). Cf. Brown v. State, 430 So. 2d 446 (Fla.1983) (two convictions for robbery upheld, although defendant took money belonging…
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Hopps v. State, 268 So. 3d 692 (Fla. 2d DCA 2019)…v. State, 75 So. 3d 258 (Fla. 2011); Tucker v. State, 726 So. 2d 768 (Fla. 1999); State v. King, 426 So. 2d 12 (Fla. 1982); Pratte v. State, 946 So. 2d 1184 (Fla. 2d DCA 2006); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Hopps v. State, 594 So. 2d 848 (Fla. 2d DCA 1992); Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991); Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987); Budd v. State, 477 So. 2d 52 (Fla. 2d DCA 1985); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State,…
Authorities Cited
- Brown v. State, 430 So. 2d 446 (Fla. 1983)
- Alvaro Restrepo v. State, 552 So. 2d 1126 (Fla. 3d DCA 1989)
- Cobb v. State, 586 So. 2d 1298 (Fla. 2d DCA 1991)