Opinion
No. 66,483.
September 4, 1986.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 84-583.
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Clearwater, for petitioner.
Jim Smith, Atty. Gen., and Robert J. Landry and Theda James Davis, Asst. Attys. Gen., Tampa, for respondent.
We accepted jurisdiction in this cause, reported as Ben v. State, 461 So.2d 286 (Fla.2d DCA 1985), on the basis of conflict with Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922). We quash the decision of the district court of appeal on the authority of Royal v. State, 490 So.2d 44 (Fla. 1986), and remand to the district court for reconsideration in light of our decision in that case.
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
It is so ordered.
McDONALD, C.J., and ADKINS, EHRLICH and SHAW, JJ., concur.
BOYD, J., dissents with an opinion.
Because I find that the defendant used force to effectuate a taking of property from the possession of another, I would hold that the evidence showed the offense of robbery and would approve the decision of the district court of appeal.