Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided February 13, 1987No. 85-1892PublishedCited by 1 opinion

1Opinion of the Court

HALL, Judge.

Appellant was convicted of robbery with a deadly weapon and sentenced to twenty-two years’ imprisonment. The sentence was within the recommended guidelines range.

Appellant contends that the court erred in denying his motion for a directed verdict because appellant voluntarily returned the money to the victim after robbing him at gun point. Appellant’s argument centers on a voluntary renunciation theory indicating that the offense was not completed and there was no robbery.

We do not agree and affirm on the basis of Johnson v. State, 432 So.2d 758 (Fla. 1st DCA 1983).

We find no…

2Cases cited1 opinion

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1983

3Cited by1 opinion

  1. Harrison v. HYSTER COMPANYDistrict Court of Appeal of Florida · 1987

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