S.W. v. State

HUBBART, Judge.

This is an appeal by a juvenile, S.W., from an adjudication of delinquency for robbery and a subsequent commitment to the Florida Department of Health and Rehabilitative Services. The central question presented for review is whether, on this record, the state established a prima facie case that the respondent juvenile employed force, violence, assault or putting in fear— an essential element of robbery — in effecting a theft of jewelry from a three-year-old child. For the reasons which follow, we conclude that the state did not establish this essential element of robbery — and,…