Opinion
Nos. 85-203, 85-222.
November 27, 1985. Rehearing Denied December 18, 1985.
Consolidated appeals from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
LETTS and DELL, JJ., concur.
WALDEN, J., dissents with opinion.
I respectfully dissent as to the convictions for robbery, of meat from Keith Sauder, while carrying a deadly weapon, a knife. In my view of the evidence, there was no show or use of a knife that was contemporaneous with or precedent to the taking of the meat. Moreover, as I see it, such violence as was employed was to effectuate escape rather than to effectuate the theft of the meat. I would reverse upon authority of Eutzy v. State, 458 So.2d 755 (Fla. 1984), cert. denied, ___ U.S. ___, 105 S.Ct. 2062, 85 L.Ed.2d 336 (1985) and Montsdoca v. State, 84 Fla. 82, 93 So. 157 (Fla. 1922).