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Kimbrough v. State

District Court of Appeal of Florida, First District
Jul 10, 2001
788 So. 2d 421 (Fla. Dist. Ct. App. 2001)

Summary

reversing the defendant's robbery conviction based on insufficient evidence because “ ‘the taking was completed without any use of force and the property abandoned before any force was employed’ ”

Summary of this case from Rockmore v. State

Opinion

Case No. 1D00-3077

Opinion filed July 10, 2001.

An appeal from the Circuit Court for Escambia County. Nancy T. Gilliam, Judge.

Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for appellee.


We reverse appellant's robbery conviction. There was insufficient evidence to support a robbery conviction because "the taking was completed without any use of force and the property abandoned before any force was employed." Simmons v. State, 551 So.2d 607, 608 (Fla. 5th DCA 1999). We remand for entry of judgment on the lesser included offense of petit theft, which was

proven at trial.

ALLEN, C.J., WOLF and WEBSTER, JJ., concur.


Summaries of

Kimbrough v. State

District Court of Appeal of Florida, First District
Jul 10, 2001
788 So. 2d 421 (Fla. Dist. Ct. App. 2001)

reversing the defendant's robbery conviction based on insufficient evidence because “ ‘the taking was completed without any use of force and the property abandoned before any force was employed’ ”

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

Kimbrough v. State

Case Details

Full title:JOE LEWIS KIMBROUGH, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 10, 2001

Citations

788 So. 2d 421 (Fla. Dist. Ct. App. 2001)

Citing Cases

Rockmore v. State

” Id. The Fifth District reversed the defendant's robbery conviction because “[t]here was no relationship…