THADDEUS F. BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thaddeus Bass was convicted of attempted robbery with a weapon and battery after approaching a street sweeper, demanding money, and striking her with wire when she refused. The Fourth District affirmed the conviction, holding that force can occur after a demand for money and still constitute robbery, but remanded to correct the felony degree classification.
The conviction for attempted robbery with a weapon is affirmed because force can occur prior to, contemporaneous with, or subsequent to the taking of property so long as the act of violence and the taking constitute a continuous series of acts or events under Florida Statutes section 812.13(3)(b). However, the case is remanded to correct the judgment to reflect that attempted robbery with a weapon is a second degree felony, not first degree.
[1] An act of force, violence, assault, or putting in fear is considered "in the course of the taking" for robbery purposes if it occurs prior to, contemporaneous with, or su…
[2] The use of force or intimidation in a robbery can occur after the victim's refusal to surrender property, as long as it is part of a continuous series of events leading t…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.”
Establishes the statutory definition of 'in the course of the taking' that permits force to occur at any point in the sequence if part of a continuous series.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn early morning hours, Bass approached street sweeper Brenda Chapman and demanded money. When Chapman refused, Bass struck her arm twice with wire. C…
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POLEN, Judge.
Thaddeus Bass appeals his conviction and sentence for attempted robbery with a weapon and battery, claiming there was no evidence of an attempt to take the victim’s money by force, violence, assault or putting in fear. We affirm the conviction, but remand for correction of appellant’s judgment and sentence.
In the early morning hours, while working as a street sweeper, Brenda Chapman was approached by a man who asked her to give him some money. When she told him she did not have any money he took out some type of wire and hit her in the arm twice. She then picked up a wrench and he ran away. She subsequently reported the incident to the police. Bass was eventually identified and charged with attempted robbery with a weapon and aggravated battery with a weapon.
In moving for a judgment of acquittal, Bass argued that since the only evidence of force (hitting Ms. Chapman with a wire) occurred after she refused his demand for money, there was no force, violence, assault or putting in fear “in the course of [attempted] taking.”1
Under section 812.13(3)(b), Florida Statutes (1995), however, “in the course of the taking” is defined:
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
Thus, it made no difference that Bass hit the victim after she refused his demand for money. See Jones v. State, 652 So. 2d 346, 349 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 202, 133 L.Ed.2d 136 (1995) (stating that under section 812.13, the violence or intimidation may occur prior to, contemporaneous with, or subsequent to the taking of the property so long as both the act of violence or intimidation and the taking constitute a continuous series of acts or events); Santilli v. State, 570 So. 2d 400, 401-402 (Fla. 5th DCA 1990) (stating submission of robbery offense to jury was justified even though defendant’s forceful act of hitting offi-eer with his car as he attempted to flee occurred after defendant completed act of shoplifting greeting card). We affirm Bass’ conviction.
As to the written judgment, the state concedes and we agree that the final judgment should be corrected to reflect that attempted robbery with a firearm is a second degree, rather than a first degree, felony.
In accordance with section 777.04, Florida Statutes (1995), if the offense attempted is a life felony or a felony of the first-degree, the offense of criminal attempt is a felony of the second degree. In accordance with section 812.13, robbery with a weapon is a felony of the first degree. Accordingly, we remand for the trial court to correct the judgment to reflect that attempted robbery with a weapon is a second degree felony.
AFFIRMED IN PART, REMANDED IN PART.
GUNTHER and FARMER, JJ., concur. . The robbery statute, section 812.13(1), Florida Statutes (1995) provides:
(1) "Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or lemporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. (Emphasis supplied.)
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Baker v. State, 760 So. 2d 1085 (Fla. 5th DCA 2000)…there was a body on the gun. Clearly there was sufficient evidence from which a jury could have concluded force and violence were used by Baker and Cokley to accomplish the robbery. See Pangburn v. State, 661 So. 2d 1182 (Fla.1995); Bass v. State, 698 So. 2d 885 (Fla. 4th DCA 1997). See also Robinson v. State, 692 So. 2d 883 (Fla.1997). Inferences could be drawn that either Baker or Cokley shot Pedro with the weapon supplied by Baker, or that Cokley shot him, with Baker’s assistance, encouragement, and expe…
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Kerby Cadet v. State, 816 So. 2d 1202 (Fla. 4th DCA 2002)…judication of guilt for attempted armed robbery with a firearm. We reverse and remand for resentencing on the attempted armed robbery with a firearm conviction however. Attempted armed robbery with a firearm is a second degree felony. Bass v. State, 698 So. 2d 885 (Fla. 4th DCA 1997). The maximum sentence for a habitual violent felony offender who has committed a second degree felony is thirty years. § 775.084, Fla. Stat. (1999). Therefore, it was error to sentence Cadet to life in prison for attempted armed…
Authorities Cited
- Jones v. State, 652 So. 2d 346 (Fla. 1995)
- Velazquez v. State, 570 So. 2d 400 (Fla. 4th DCA 1990)