CHRISTOPHER BERNARD THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thompson was convicted of robbery with a weapon based on the victim's testimony that he saw a gun-shaped object with a visible handle, trigger, and barrel when Thompson lifted his sweatshirt. The court affirmed the conviction, holding that the victim's direct testimony of observing these specific features of what appeared to be a gun was sufficient evidence to sustain the armed robbery conviction.
The court held that the evidence was sufficient to sustain the armed robbery conviction. The victim's direct testimony that he saw the shape of a gun, the handle, the trigger, and part of the barrel was sufficient proof that Thompson carried a weapon during the robbery, distinguishing this case from Butler and Prosser where no specific features of the object were identified.
[1] A victim's testimony that they saw the shape of a gun, including the handle, trigger, and part of the barrel, is sufficient proof that the defendant was armed with a weap…
[2] The extent of a witness's knowledge regarding firearms goes to the weight of their testimony, which is a matter for the jury to consider.
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“it had the shape of a gun and I saw the handle and the trigger and part of the barrel, and it was, like, tucked into the trouser”
The victim's testimony identifying specific features of what appeared to be a gun, which the court found sufficient to establish the weapon element of armed robbery
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring a robbery, the victim testified that Thompson pulled up his sweatshirt and revealed what appeared to be a gun stuck in his trousers. The victim…
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WOLF, J.
Appellant challenges his conviction for robbery with a weapon. The sole issue in this case is whether there was sufficient proof that appellant was armed with a weapon during the robbery.
The victim of the robbery testified that appellant pulled up his sweatshirt and revealed what appeared to be a gun stuck in his trousers. The pertinent portion of the testimony of the victim as to what he actually saw is as follows:
Q You thought you saw a gun?
A I didn’t see it. It looked like a gun. I didn’t see the whole thing.
Q Well, I think you testified today that you saw a gun; is that correct?
A Yeah, I said I saw what looked like a gun.
Q So it may not have been a gun, what you saw? Is that what you’re saying?
A It may not be but it had the shape of a gun and I saw the handle and the trigger and part of the barrel, and it was, like, tucked into the trouser. And I didn’t want to see everything because it looked like a gun.
The victim also indicated that he was never verbally threatened by appellant during the perpetration of the offense.
Appellant mainly relies on Butler v. State, 602 So. 2d 1303 (Fla. 1st DCA 1992), in support of his contention that there was insufficient proof that he was armed with a weapon during the robbery. In that case, the victims testified that “they were able to see the outline of what appeared to be a long, hard object, shaped like the barrel of a gun, under the pants.” Id. at 1304. The court in Butler held that this testimony had been insufficient proof that the defendant in that case had carried a deadly weapon during the commission of a robbery. See id. at 1306. The court in Butler explained,
Neither of the employees actually saw a gun, or any portion of one. While both believed that appellant had a gun, both conceded that he could have had any object having a shape similar to a gun barrel under the pants, such as a length of pipe, for instance.
Id. (emphasis added). In Prosser v. State, 742 So. 2d 400 (Fla. 1st DCA 1999), this court also held that where an object had been completely covered by a shroud, and the robber had made no threats on how he would use the object, the evidence had been insufficient to sustain a conviction for robbery with a weapon. Unlike Butler and Prosser, however, the victim in this case testified that he saw “the shape of a gun ... the handle and the trigger and part of the barrel” which had been revealed by appellant during the commission of the robbery. In Clark v. State, 635 So. 2d 68 (Fla. 1st DCA 1994), this court suggested that direct testimony of a victim, who had received firearms training in the military, “that he actually observed what appeared to be a small caliber handgun,” was sufficient to sustain an armed robbery conviction and distinguished the case from Butler. See id. at 69. The fact that the victim in the subject case may not have had military training, as in Clark, would not have precluded the jury from relying on the victim’s testimony here to establish that appellant carried a weapon during the robbery.
In O’Brien v. State, 546 So. 2d 32. (Fla. 3d DCA 1989), a case we conclude is indistinguishable from the instant case, the court held the evidence to have been sufficient to go to the jury on the question of whether a gun had been used during a robbery where the victim had testified that she saw the handle of a gun when the defendant had lifted his shirt, and that she had only seen guns in movies. See id. at 33. There the court found, ,
The extent of the witness’ knowledge goes to the weight of her testimony, which was properly submitted to the jury.
Id. (citing T.T. v. State, 459 So. 2d 471, 472 (Fla. 1st DCA 1984)). We find the O’Brien case to be persuasive. Appellant’s conviction for robbery with a weapon is affirmed.
ALLEN and VAN NORTWICK, JJ., concur.
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Akins v. State, 838 So. 2d 637 (Fla. 5th DCA 2003)…e T.T. v. State, 459 So. 2d 471 (Fla. 1st DCA 1984) (affirming conviction where two witnesses testified that the defendant had what appeared to be a gun, and the defendant threatened to shoot and to blow out the witness’s brains); Thompson v. State, 748 So. 2d 394 (Fla. 1st DCA 2000) (victim’s knowledge goes to the weight of the testimony, and therefore testimony that the victim had seen a gun handle when the defendant lifted his shirt, but that the witness had seen guns only in movies, was properly submitted…
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Authorities Cited
- Butler v. State, 602 So. 2d 1303 (Fla. 1st DCA 1992)
- In the Interest of T.T. v. State, 459 So. 2d 471 (Fla. 1st DCA 1984)
- McKIRE v. State, 546 So. 2d 32 (Fla. 3d DCA 1989)
- O'Brien v. State, 546 So. 2d 32 (Fla. 3d DCA 1989)
- Prosser v. State, 742 So. 2d 400 (Fla. 1st DCA 1999)
- Clark v. State, 635 So. 2d 68 (Fla. 1st DCA 1994)