LOUIS SHANNON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Louis Shannon was convicted of armed robbery based on an amended information charging robbery with a weapon, but the jury verdict and sentencing record contained no reference to a weapon. The appellate court reversed the sentence and remanded for re-sentencing on the lesser charge of simple robbery without a weapon, finding no evidence of weapon use in the record.
The conviction of robbery stands as sufficiently supported by the evidence, but the sentence must be reversed and the case remanded for re-sentencing for simple robbery without a weapon, as the record contains no evidence of weapon use.
[1] A conviction for robbery with a weapon, a first-degree felony, carries a potential sentence of up to 30 years or life imprisonment, while simple robbery without a weapon,…
[2] A defendant convicted of robbery with a weapon may be ineligible for parole for a minimum of three years pursuant to statute.
Previewing 2 of 6 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“Robbery where the offender carries a weapon, being a first degree felony, is punishable up to 30 years or when specifically provided by statute up to life imprisonment, while "simple" robbery without a weapon is a felony of the second degree punishable by a term of imprisonment not exceeding 15 years.”
Establishes the crucial legal distinction between armed and simple robbery and their respective penalties.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceShannon was charged by amended information with robbery in violation of Section 812.13(2)(b), which covers robbery where the offender carries a weapon…
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PER CURIAM.
Appellant was charged by amended information with robbery “in violation of Section 812.13(b) (sic), Florida Statutes.” That statute, properly cited as Section 812.-13(2)(b), relates to the crime of robbery where the offender carries a weapon and classifies the crime as a first degree felony. According to the minute book record, the jury found defendant “guilty of robbery”, with no reference - to a weapon. Further, according to the transcript of the sentencing hearing, the trial court merely adjudicated appellant guilty of robbery (again, no reference to a weapon) and sentenced him to 10 years imprisonment. However, the minute book entry reflects that the trial court, prior to imposing the 10 year sentence, adjudicated appellant guilty of robbery as charged in the amended information, which, as above recited, charged robbery with a weapon. Robbery where the offender carries a weapon, being a first degree felony, is punishable up to 30 years or when specifically provided by statute up to life imprisonment, while “simple” robbery without a weapon is a felony of the second degree punishable by a term of imprisonment not exceeding 15 years. The difference is important, notwithstanding that the sentence imposed was for 10 years, because if appellant was sentenced for robbery with a firearm as a weapon then by virtue of Section 775.087(2) he will be ineligible for parole for a minimum of three years. Further, our review of the record reveals no evidence of use of a firearm nor any other weapon.
We have considered the remaining points raised by appellant and have found them to be without merit. Accordingly, while there was sufficient evidence in the record to sustain appellant’s conviction, we reverse the sentence and remand for re-sentencing for the crime of robbery, but without a weapon, and for clarification of the record.
REVERSED AND REMANDED.
McCORD, C. J., and BOYER and RAWLS, JJ., concur.