Jones v. State

STEVENSON, Judge.,

dissenting.

I respectfully dissent. I would reverse appellant’s conviction for robbery and direct the trial court to enter a conviction for the lesser included offense of petit theft.

Although a passenger’s lingering presence in the backseat of a car with knowledge that one of its occupants intends to jump out and commit a purse snatching ought to be a crime, the law says that it is not. Presence, without more, does not equate to culpable assistance with, or encouragement of, a criminal act. See Evans v. State, 643 So.2d 1204 (Fla. 1st DCA 1994), rev. denied, 652 So.2d 818…