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602 So. 2d 1272

Docket No. 78876.

Robins v. State

Jerry Ray ROBINS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided July 2, 1992.

Supreme Court of Florida · decided 1992-07-02

Key passage — most relied on by later courts

“actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1).”

quoted by 1 later decision, including Campbell v. State

Relies on 602 So. 2d 1270 - State v. Rodriguez · 587 So. 2d 581 - Robins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-07-02

How this case has been cited

Cited by 6 later decisions — most recently July 2015

6 state decisions

30199220002010decided

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 →

¶1Nancy A. Daniels, Public Defender and Abel Gomez, Asst. Public Defender, Tallahassee, for petitioner.

¶2Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals, and Sara D. Baggett, Asst. Attys. Gen., Tallahassee, for respondent.

¶3OVERTON, Justice.

¶4We have for review Robins v. State,587 So.2d 581 (Fla. 1st DCA 1991), in which the district court affirmed the reclassification of Robins' kidnapping conviction to a life felony based on his codefendant's wielding of a gun during the commission of the *1273 crime.[1] We recently held in State v. Rodriguez,602 So.2d 1270 (Fla. 1992), that actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1), Florida Statutes (1983). Accordingly, we quash the decision of the district court and remand for further proceedings consistent with Rodriguez.

¶5It is so ordered.

¶6BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

NOTES

¶7[1] We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

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