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390 So. 2d 776

E. Y. v. State

District Court of Appeal of Florida

Decided November 25, 1980

District Court of Appeal of Florida · decided 1980-11-25

Key passage — most relied on by later courts

“if the victim resists in any degree and this resistance is overcome by the physical force of the offender, the crime of robbery is complete.”

quoted by 1 later decision, including United States v. Lee

Relies on Montsdoca v. State · McCloud v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-11-25

How this case has been cited

Cited by 18 later decisions — most recently April 2018

1 federal appellate · 16 state decisions

1501980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BASKIN, Judge

¶1(concurring in part and dissenting in part).

¶2I concur in the opinion insofar as it pertains to the question of restitution. I respectfully dissent, however, from the determination that the offense for which defendant was adjudicated delinquent was proved to be robbery.

¶3In my view, the principle reiterated in McCloud v. State, 335 So.2d 257 (Fla.1976), applies: “Where no force is exerted upon the victim’s person, as in the case of a pickpocket, only a larceny is committed.” In the case at bar, defendant neither exerted force before or during the taking, nor induced the victim to fear for her physical safety. Montsdoca v. State, 84 Fla. 82, 93 So. 157, 159 (1922). The victim did not become frightened until after the taking, according to her response on cross-examination:

Q: The first time that you realized anything was happening was after they took your purse?
A: Right, I was in shock. And then I screamed.

¶4“Picking a pocket or purse snatching is not robbery if no more force or violence is used than is necessary to physically remove the property from a person who does not resist. But if the victim resists in any degree and this resistance is overcome by the physical force of the offender, the crime of robbery is complete.” Fla.Std. Jury Instr. (Crim.) (Robbery) 2.07.

¶5For these reasons, I would reduce the adjudication of delinquency for robbery to an adjudication of delinquency for petit larceny.

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