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A.J. v. State

District Court of Appeal of Florida, Third District
Mar 6, 1990
561 So. 2d 1198 (Fla. Dist. Ct. App. 1990)

Summary

holding that “the degree of force used to [grab a camera hanging from the victim's shoulder] was insufficient to constitute robbery”

Summary of this case from United States v. Welch

Opinion

No. 89-2056.

March 6, 1990.

Appeal from the Circuit Court, Dade County, Thomas K. Petersen, J.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, and Anita Gay, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.


Appellant, A.J., a juvenile, appeals his adjudication of delinquency based on robbery. We reverse and remand.

The victim of the robbery was sitting in an outdoor cafe with a camera hanging from his shoulder. Appellant grabbed the camera and fled. In taking the camera, appellant did not use force, violence or put the victim in fear.

Appellant asserts that the degree of force used to steal the camera was insufficient to constitute robbery. We agree. Based on the authority of S.W. v. State, 513 So.2d 1088 (Fla. 3d DCA 1987), we reverse and remand with instructions to reduce the adjudication of delinquency to petit theft.

Reversed and remanded with instructions.


Summaries of

A.J. v. State

District Court of Appeal of Florida, Third District
Mar 6, 1990
561 So. 2d 1198 (Fla. Dist. Ct. App. 1990)

holding that “the degree of force used to [grab a camera hanging from the victim's shoulder] was insufficient to constitute robbery”

Summary of this case from United States v. Welch

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

Summary of this case from Owens v. State
Case details for

A.J. v. State

Case Details

Full title:A.J., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 6, 1990

Citations

561 So. 2d 1198 (Fla. Dist. Ct. App. 1990)

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