Legal Opinion

Lester v. State

District Court of Appeal of Florida

Decided December 31, 2003No. 4D02-3459Published

1Opinion of the CourtStone, J.

Lester was convicted of the robbery of a purse. He contends that the purse was taken without a struggle or resistance and that it was, therefore, error to deny his motion for judgment of acquittal. We affirm.

The record reflects that the victim was walking on a downtown street when Lester appeared, walking towards her. When he was several feet away from her, he greeted her and suddenly started running towards her. Then, Lester hit the victim in the shoulder and grabbed her purse out of her hand. The victim demonstrated to the jury the manner and force with which Lester hit her. She testified…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. McCloud v. StateSupreme Court of Florida · 1976
  2. Robinson v. StateSupreme Court of Florida · 1997
  3. Jones v. StateSupreme Court of Florida · 1995
  4. Simmons v. StateDistrict Court of Appeal of Florida · 1989
  5. Hayes v. StateDistrict Court of Appeal of Florida · 2001

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