Chestnut v. State

DAUKSCH, Judge.

This is an appeal from a conviction of manslaughter and armed extortion.

The evidence as viewed in a light most favorable to the judgment reveals that appellant put a pistol to the head of the victim and asked “where are my guns?” We deem the words and actions sufficient to constitute a threat to shoot (or kill) if the victim failed to give the appellant his guns back to him (which the victim had stolen).

We do not deem the words and actions sufficient to constitute a violation of the extortion statute, section 836.05, Florida Statutes (1985).

Threats; extortion — Whoever, either…