Public-domain · open source
OpenJurist

479 So. 2d 220

Latson v. State

District Court of Appeal of Florida

Decided November 27, 1985

District Court of Appeal of Florida · decided 1985-11-27

Relies on Montsdoca v. State · Eutzy v. Florida · 458 So. 2d 755 - Eutzy v. State

Decided 1985-11-27

PER CURIAM.

¶1AFFIRMED.

LETTS and DELL, JJ., concur.WALDEN, J., dissents with opinion.
WALDEN, Judge,

¶2dissenting:

¶3I respectfully dissent as to the convictions for robbery, of meat from Keith Sau-der, 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).

/479/so2d/220 · .json · Public domain