Lemus v. State
District Court of Appeal of Florida
1Opinion of the Court
THOMPSON, Judge.
Cynthia L. Lemus (“Lemus”) appeals the denial of her motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) and the judgment and sentence entered by the trial court after a jury found-her guilty of simple robbery.1 We affirm.
The issue presented in this case is a simple one: once a defendant successfully commits a petit theft, shoplifting with no use of force, and departs the store, can she be charged with robbery because she struggles with a security guard who is trying to take her back to the store as she is in the course of attempting to abandon…
Also in this document: Concurrence.
2Cases cited7 opinions
- Rumph v. StateDistrict Court of Appeal of Florida · 1989
- State v. AdderlyDistrict Court of Appeal of Florida · 1982
- Proko v. StateDistrict Court of Appeal of Florida · 1990
- State v. BookerDistrict Court of Appeal of Florida · 1988
- Simmons v. StateDistrict Court of Appeal of Florida · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Messina v. StateDistrict Court of Appeal of Florida · 1999
- Dean Kenneth Rockmore v. State of FloridaSupreme Court of Florida · 2014
- State v. DavisDistrict Court of Appeal of Florida · 1995
- Dean Kenneth Rockmore v. State of FloridaSupreme Court of Florida · 2014
- Jimenez v. StateDistrict Court of Appeal of Florida · 2018
2 more not listed; retrieve them via the Exa API.