JAMES JEROME BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed armed robbery convictions for insufficient evidence of a weapon and remanded for entry of judgment on unarmed robbery charges instead.
Evidence was legally insufficient to establish appellant carried a weapon during the robberies, requiring reversal of armed robbery convictions and remand for unarmed robbery convictions.
[1] Evidence of robbery is legally insufficient to support armed robbery conviction when the record does not establish that the defendant carried a weapon during the commissi…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted after jury trial of two counts of armed robbery with a deadly weapon for robberies of Jacksonville dry-cleaning establishments…
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PER CURIAM.
Appellant seeks review of his conviction, after jury trial, of two counts of armed robbery with a deadly weapon. He raises three issues: (1) whether a mistrial should have been declared based upon the state’s alleged racial use of peremptory challenges; (2) whether the evidence was sufficient as a matter of law to sustain convictions for armed robbery with a deadly weapon, and (3) whether appellant could be sentenced as an habitual violent felony offender for first degree felonies punishable by life. Although we find no error in the state’s use of peremptory challenges, we must reverse and remand on the second issue, thereby rendering the third issue moot.
The facts of the instant case are indistinguishable from those before this court in Butler v. State, 602 So. 2d 1303 (Fla. 1st DCA 1992), where this appellant challenged his armed robbery conviction for a virtually identical robbery of another Jacksonville dry-cleaning establishment. As in the previous case, the evidence is legally insufficient to establish that appellant carried any type of “weapon” when he committed the robberies. Consequently, we reverse appellant’s armed robbery convictions and remand to the trial court with directions that it enter a judgment of guilt for two counts of unarmed robbery pursuant to section 812.13(2)(c), Florida Statutes (1989), and that it resentence appellant accordingly.
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
ERVIN, MINER and WEBSTER, JJ., concur.
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Desi A. Barfield v. State, 605 So. 2d 569 (Fla. 1st DCA 1992)…ffender classification does not meet the foregoing statutory requirement. Therefore, the sentence imposed herein is reversed, and the case remanded for resentencing. See also Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992); Rome v. State, 603 So. 2d 723 (Fla. 1st DCA 1992). Reversed and remanded for resentenc-ing. JOANOS, C.J., and ERVIN and ZEHMER, JJ., concur.…
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Toombs v. State, 605 So. 2d 952 (Fla. 1st DCA 1992)…ain findings be made before the enhanced penalties afforded by that statute may be applied. § 775.084(3)(d), Fla.Stat. (1989). See Walker v. State, 462 So. 2d 452 (Fla.1985); Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992); Rome v. State, 603 So. 2d 723 (Fla. 1st DCA 1992). Because the trial court herein failed to make the required findings, Toombs’ sentence is reversed, and the case is remanded for resentencing. JOANOS, C.J., and ALLEN and WOLF, JJ., concur.…
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Gaines v. State, 605 So. 2d 1030 (Fla. 1st DCA 1992)…or otherwise, on three of the four enumerated factors. Therefore, the habitual offender sentence imposed herein must be reversed, and the case remanded for resentencing. See Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992); Rome v. State, 603 So. 2d 723 (Fla. 1st DCA 1992); Barfield v. State, 605 So. 2d 569 (Fla. 1st DCA 1992). Reversed and remanded for resentenc-ing. JOANOS, C.J., and ERVIN and ALLEN, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Butler v. State, 602 So. 2d 1303 (Fla. 1st DCA 1992)