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891 So. 2d 1133

Docket No. 4D03-2237.

Smith v. State

Anton SMITH a/k/a Marcine Howard, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 12, 2005.

Rehearing Denied February 17, 2005.

District Court of Appeal of Florida · decided 2005-01-12

Cited by 6 later decisions — most recently October 2013

1 federal appellate · 5 state decisions

Key passage — most relied on by later courts

“robbery requires the use of force, violence, assault, or putting in fear, section 812.13, while robbery by sudden snatching does not.”

quoted by 2 later decisions, including TN v. State, Thomas v. State

Relies on 848 So. 2d 361 - Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-01-12

View the full empirical analysis of this case →

¶1Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We affirm appellant's conviction of robbery by sudden snatching, but reverse the five year mandatory minimum condition of his ten year sentence under the Prison Releasee Reoffender Act. Section 775.082(9)(a)1g, Florida Statutes (2002) of the Act includes a robbery committed within three years after being released from prison, but does not refer to robbery by sudden snatching. There is a difference, in that robbery requires the use of force, violence, assault, or putting in fear, section 812.13, while robbery by sudden snatching does not. § 812.131(1). Brown v. State,848 So.2d 361 (Fla. 4th DCA 2003) (robbery by sudden snatching is defined differently than robbery).

¶5We have considered the remaining issues and find them to be without merit. We accordingly affirm the conviction but reverse the mandatory minimum Prison Releasee Reoffender sentence.

¶6GUNTHER, KLEIN and MAY, JJ., concur.

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