Legal Opinion

Delgado v. State

District Court of Appeal of Florida

Decided January 16, 2013No. 4D11-4040PublishedCited by 4 opinions

1Opinion of the CourtGross, J.

We affirm appellant’s conviction of robbery. Appellant entered a bank, handed the teller a note which stated “this is a robbery,” and demanded money. Although the teller said she “wasn’t afraid of what was happening,” she gave appellant the money because of “the threat in the note.”

Appellant argues that he did not commit a robbery because he did not put the victim in fear. Specifically, he contends that, applying the wording of section 812.13(1), Florida Statutes (2011), the State failed to prove that “in the course of the taking there [wa]s the use of force, violence, assault, or putting in…

2Cases cited10 opinions

  1. Montsdoca v. StateSupreme Court of Florida · 1922
  2. Flagler v. StateSupreme Court of Florida · 1967
  3. Brown v. StateDistrict Court of Appeal of Florida · 1981
  4. Magnotti v. StateDistrict Court of Appeal of Florida · 2003
  5. Thomas v. StateDistrict Court of Appeal of Florida · 1966

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. GarciaNebraska Supreme Court · 2019
  2. Haggins v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2020
  3. State v. GarciaNebraska Supreme Court · 2019
  4. State v. GarciaNebraska Supreme Court · 2019

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