CONNIE RAY ISRAEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed a robbery conviction where the defendant used force to enter the victim's home, battered and restrained her, and took her property, holding that the force and taking constituted a continuous series of acts satisfying the robbery statute.
A defendant's use of force in battering, binding, gagging, and blindfolding a victim, followed by taking the victim's property during the same continuous criminal episode, satisfies the elements of robbery.
[1] Force used in committing a sexual battery and other violent crimes against a victim may satisfy the force requirement for robbery when the taking of property occurs as pa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceIsrael forcibly entered the victim's home, battered her, bound, gagged, and blindfolded her, and sexually battered her. While blindfolded, the victim …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Kidnapping cases and more on FLexlaw
DIAMANTIS, Judge.
Connie Ray Israel appeals his robbery conviction,1 contending that the trial court erred in denying his motion for judgment of acquittal because the state failed to present evidence that Israel used force or violence in the course of taking the victim’s property. The state presented evidence that Israel forcibly entered the victim’s home where he proceeded to batter the victim, to bind, gag, and blindfold her, and then to sexually batter her. By peeking around the blindfold, the victim was able to observe Israel walk through her home and take items of her personal property. We affirm Israel’s conviction because, from this evidence, the jury could have found that Israel’s use of force and taking of the victim’s property constituted a continuous series of acts or events. See Santilli v. State, 570 So. 2d 400 (Fla. 5th DCA 1990); Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990); § 812.13(3)(b), Fla.Stat. (1991): See also Castleberry v. State, 402 So. 2d 1231 (Fla. 5th DCA 1981), rev. denied, 412 So. 2d 470 (Fla.1982). Cf. Harris v. State, 589 So. 2d 1006 (Fla. 4th DCA 1991).
AFFIRMED.
COBB and THOMPSON, JJ., concur. . See § 812.13(1), Fla.Stat. (1991). Israel has not appealed his other convictions for burglary of a dwelling with battery (§ 810.02(2)(a)), kidnapping (§ 787.0 l(l)(a)), and two counts of sexual battery (§ 794.011(5)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Castelberry v. State, 402 So. 2d 1231 (Fla. 5th DCA 1981)
- Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990)
- Velazquez v. State, 570 So. 2d 400 (Fla. 4th DCA 1990)
- Amerivend Corp. & Wash-Bowl, Inc. v. RCA Invs., Inc., 589 So. 2d 1006 (Fla. 3d DCA 1991)