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Goldsmith v. State

District Court of Appeal of Florida, Second District
Feb 1, 1991
573 So. 2d 445 (Fla. Dist. Ct. App. 1991)

Summary

holding that the “slight force used ... to remove the bill from [the victim's] hand” was “insufficient to constitute the crime of robbery”

Summary of this case from United States v. Welch

Opinion

No. 90-00299.

February 1, 1991.

Appeal from the Circuit Court, Highlands County, Richard G. Prince, Acting J.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.


Goldsmith challenges his conviction for unarmed robbery on the basis that the taking was accomplished without the required force or violence to constitute a robbery. We agree and reverse.

On August 15, 1989, James Ward, a part-time Highlands County deputy sheriff, was working undercover as a drug buyer in Lake Placid. While attempting to negotiate a purchase of crack cocaine from Goldsmith, Goldsmith snatched a ten-dollar bill from Ward's hand and ran. Goldsmith did not touch Ward in the process of the theft. The slight force used by Goldsmith to remove the bill from Ward's hand is insufficient to constitute the crime of robbery. See S.W. v. State, 513 So.2d 1088 (Fla. 3d DCA 1987).

Reversed and remanded with directions to adjudicate Goldsmith guilty of petit theft.

SCHOONOVER, C.J., and PARKER, J., concur.


Summaries of

Goldsmith v. State

District Court of Appeal of Florida, Second District
Feb 1, 1991
573 So. 2d 445 (Fla. Dist. Ct. App. 1991)

holding that the “slight force used ... to remove the bill from [the victim's] hand” was “insufficient to constitute the crime of robbery”

Summary of this case from United States v. Welch
Case details for

Goldsmith v. State

Case Details

Full title:DARRELL LAVETTE GOLDSMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 1, 1991

Citations

573 So. 2d 445 (Fla. Dist. Ct. App. 1991)

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Consequently, we hold that Georgia's robbery by sudden snatching is not a qualified offense for purposes of…

United States v. Welch

See McCloud v. State, 335 So.2d 257, 258–59 (Fla.1976).See, e.g., Goldsmith v. State, 573 So.2d 445, 445…