Ridgeway v. State
District Court of Appeal of Florida
1DissentClark, J.
The state charged Appellant with armed robbery for being stabbed. Simply, there was one knife, which Appellant simultaneously came into possession of and armed himself with upon being stabbed. The state’s theory is absurd, and the trial court erred by denying Appellant’s requested judgment of acquittal on the charge of armed robbery. This Court should exercise care that the issue of the clerk’s lawful right to defend himself from a robbery is not confused with the issue of whether Appellant robbed the clerk of his knife. I therefore dissent.
After learning the clerk was working alone,…
2Cases cited3 opinions
- Daniels v. StateSupreme Court of Florida · 1991
- Allen v. StateDistrict Court of Appeal of Florida · 2004
- Stevens v. StateDistrict Court of Appeal of Florida · 1972