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. StateOpinion
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.