O.A., A JUVENILE, PETITIONER,
v.
THE STATE OF FLORIDA, REPONDENT
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A juvenile detained on robbery and drug possession charges petitioned for habeas corpus relief. The appellate court granted the petition after determining that robbery by sudden snatching, absent force beyond that necessary to obtain the property, is not a categorical violent felony, and thus the juvenile's detention score was miscalculated.
Robbery by sudden snatching is not a categorical violent third-degree felony when committed without force beyond that necessary to obtain possession of the stolen property. Accordingly, O.A.'s detention-status score was miscalculated, making the home detention order improper.
[1] Robbery by sudden snatching is not a categorical "violent third-degree felony" when committed without the use of force beyond that necessary to obtain possession of the p…
[2] A juvenile's detention status is determined by the trial court's scoring of the juvenile based on factors including the nature of the offenses charged.
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Join FLexlaw to unlock all legal intelligence“robbery by sudden snatching is not a categorical "violent third-degree felony" when the crime is committed without the use of force beyond that which is necessary to obtain possession of the stolen property”
Establishes the legal standard for classifying robbery by sudden snatching in detention-scoring calculations
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Join FLexlaw to unlock all legal intelligenceO.A. was arrested on May 27, 2014, and charged with robbery by sudden snatching and possession of a controlled substance. At a May 28, 2014 detention …
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On May 30, 2014, O.A., a juvenile, filed an emergency petition for writ of habeas corpus seeking release from home detention. On June 2, 2014, this court issued a clerk’s order vacating the trial court’s order of home detention and directing the trial court to release O.A. to the custody of a parent or guardian. The clerk’s order noted that an opinion would follow.
O.A. was arrested on May 27, 2014, and charged with two third-degree felonies: (i) robbery by sudden snatching (section 812.131, Florida Statutes (2014)), and, (ii) possession of a controlled substance without a prescription (section 893.13(6)(a), Florida Statutes (2014)).
A juvenile’s detention status is determined by the trial court’s scoring of the juvenile based on, among other factors, the nature of the offense(s) charged. § 985.245 Fla. Stat. (2014).
At O.A.’s May 28, 2014, detention hearing, over the objection of O.A., the trial court classified the charged crime of robbery by sudden snatching as a “violent third-degree felony” resulting in an enhanced detention-status score for O.A.1
Based on O.A.’s detention-status score, the trial judge ordered home detention for O.A. under section 985.255(l)(f), Florida Statutes.
In determining that portion of O.A.’s detention score attributable to the crime of robbery by sudden snatching, the trial judge did not have the benefit of our court’s recent decision in AM v. State, No. 3D14-1259, 147 So.3d 98, 2014 WL 3456157 (Fla. 3d DCA Aug. 6, 2014). In A.M., a case virtually indistinguishable from the instant case, this court held that robbery by sudden snatching is not a categorical “violent third-degree felony” when the crime is committed without the use of force beyond that which is necessary to obtain possession of the stolen property.
Hence, O.A.’s detention-status score was miscalculated resulting in O.A.’s improper detention. O.A.’s emergency petition for writ of habeas corpus is granted. See AM. v. State, No. 3D14-1259, 147 So.3d 98, 2014 WL 3456157 (Fla. 3d DCA Aug. 6, 2014).