BERNARD OWENS, JR., 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.
Bernard Owens was convicted of robbery for snatching a purse from a victim's shoulder. The appellate court reversed the conviction, finding that the evidence established only theft, not robbery, because the victim did not resist and the force used was merely what was necessary to remove the purse.
The court reversed the robbery conviction and remanded for entry of a theft conviction, holding that the evidence failed to prove the force element necessary for robbery because the victim did not resist and the force used was only what was necessary to remove the purse from her person.
[1] A conviction for robbery requires proof that the theft was accomplished by force, violence, assault, or putting in fear.
[2] In snatching cases, the force element distinguishing robbery from theft requires more than the force necessary to remove property from a person; there must be resistance…
Previewing 2 of 5 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“the perpetrator must employ more than the force necessary to remove the property from the person. Rather there must be resistance by the victim that is overcome by the physical force of the offender.”
Establishes the legal standard for force in robbery cases under Robinson v. State
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOwens approached the victim from behind while she was at a pay telephone and snatched her purse from her shoulder by grabbing and pulling it. The snat…
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 Robbery By Sudden Snatching cases and more on FLexlaw
NORTHCUTT, Judge.
For snatching a purse, Bernard Owens was charged with robbery. At his trial Owens moved for a judgment of acquittal on the ground that the evidence proved only theft, not robbery. The trial court denied the motion, and the jury convicted Owens as charged. We agree with Owens’s assertion that the evidence failed to prove he committed robbery. Therefore, we reverse that conviction and remand with directions to enter a conviction for theft and to resentence Owens accordingly.
The victim testified that she was talking on a pay telephone when a man approached her from behind and “ripped my purse off my shoulder.” She clarified that he “grabbed and snatched it.” This “naturally” pulled on her and left a mark on her shoulder. Although it hurt when the man removed the victim’s purse, he did not threaten her or try to injure her. The victim identified Owens as the man she saw running away with her shoulder bag.
Owens argued that the evidence did not establish the force necessary to prove robbery, and that the charge should be reduced to theft. To sustain a conviction for robbery, the State must prove that the theft was accomplished by “force, violence, assault, or putting in fear.” § 812.13(1), Fla. Stat. (1997). In snatching scenarios where the victims are not put in fear, the element of force is what distinguishes robbery from theft. Robinson v. State, 692 So. 2d 883, 887 (Fla.1997). In Robinson, the court held that in order for a snatching of property to amount to robbery, “the perpetrator must employ more than the force necessary to remove the property from the person. Rather there must be resistance by the victim that is overcome by the physical force of the offender.”1 Id. at 886. As an example, the Robinson court pointed to McCloud v. State, 335 So. 2d 257 (Fla.1976), where the victim held fast to her purse after the perpetrator grabbed it, and let go only after she fell to the ground. 692 So. 2d at 886.
The evidence here failed to prove the force necessary to sustain a robbery conviction under Robinson. The victim did not resist at all, nor was she held or struck. See Walker v. State, 546 So. 2d 1165 (Fla. 3d DCA 1989). While the snatching produced a mark on her shoulder, her testimony established that the mark resulted merely from the force Owens employed to remove the purse. Cf. A.J. v. State, 561 So. 2d 1198 (Fla. 3d DCA 1990) (holding that the force was insufficient to support a robbery conviction where the defendant grabbed a camera hanging from the victim’s shoulder and fled).
We reverse Owens’s robbery conviction and remand with directions to reduce his conviction to theft and to resentence him. The information charged that the value of the victim’s purse was less than $300. Therefore, Owens’s conviction must be for a crime specified in section 812.014(3), Florida Statutes (1997).
Reversed and remanded.
THREADGILL, A.C.J., and CAMPBELL, MONTEREY (Senior) Judge, concur. . The legislature abolished this requirement when it enacted section 812.131, Florida Statutes (1999), "Robbery by sudden snatching.” To convict a defendant of that new crime, it is not necessary for the State to prove that the accused used more force than necessary to obtain the property or that the victim offered any resistance. Section 812.131 became effective on October 1, 1999. Ch. 99-175 § 3, at 974, Laws of Fla. It does not apply in this case because Owens committed this crime on February 4, 1998.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nichols v. State, 927 So. 2d 90 (Fla. 1st DCA 2006)…necessary to remove the property from a person who does not resist would amount to a species of robbery in Florida. See State v. Floyd, 872 So. 2d 445, 446 (Fla. 2d DCA 2004); Brown v. State, 848 So. 2d 361, 364 (Fla. 4th DCA 2003); Owens v. State, 787 So. 2d 143, 143-44 n. 1 (Fla. 2d DCA 2001). See also Fla. H.R. Comm, on Jud., HB 425 (1999) Staff Analysis (Final June 23, 1999). We cannot distinguish the present situation in any meaningful way from that in State v. Floyd. In Floyd, the defendant made off w…
-
T.N. v. State, 896 So. 2d 878 (Fla. 2d DCA 2005)…n order for a snatching to have constituted a robbery under section 812.13, the defendant must have used “ ‘more than the force necessary to remove the property from the person,’ ” or enough force to overcome the victim’s resistance. Owens v. State, 787 So. 2d 143, 143-44 (Fla. 2d DCA 2001) (quoting Robinson v. State, 692 So. 2d 883, 886 (Fla.1997)). The enactment of section 812.131 provided for a felony conviction for those robberies in which the defendant did not use force but “snatched” the property from t…
Authorities Cited
- McCLOUD v. State, 335 So. 2d 257 (Fla. 1976)
- Robinson v. State, 692 So. 2d 883 (Fla. 1997)
- Jewish Nat'l Fund v. Reinman, 546 So. 2d 1165 (Fla. 3d DCA 1989)
- A.J. v. State, 561 So. 2d 1198 (Fla. 3d DCA 1990)
- Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198 (Fla. 5th DCA 1990)