Legal Opinion

K.S., a child v. State of Florida

District Court of Appeal of Florida

Decided February 17, 2016No. 4D14-2955 and 4D14-2956Published

1Opinion of the CourtForst, J.

This cáse involves a child, the Appellant, who stole a phone from his friend’s lap, permanently depriving him of it, while the two were sitting and talking. Appellant raises two issues on appeal. Although we affirm on both, we write to address only his first argument and hold that taking money or other property (such as a phone) that is resting on a victim’s lap is considered taking “from the victim’s person” in violation of section 812.131(1), Florida Statutes (2014).

Appellant attempts to rely on our decision in Brown v. State, 848 So,2d 361 (Fla. 4th DCA 2003), to support his position that…

2Cases cited3 opinions

  1. Nichols v. StateDistrict Court of Appeal of Florida · 2006
  2. Walker v. StateDistrict Court of Appeal of Florida · 2006
  3. Wess v. StateDistrict Court of Appeal of Florida · 2011

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