Legal Opinion

R.P. v. State

District Court of Appeal of Florida

Decided November 5, 1985No. 83-2696PublishedCited by 9 opinions

1Per curiam

R.P. was adjudicated delinquent based upon the trial court’s determination that R.P. committed a robbery when he reached into the front of an elderly woman’s dress and snatched her purse. R.P. correctly argues that absent evidence of “force, violence, assault, or putting in fear,” § 812.13(1), Fla.Stat. (1983), his conviction of robbery cannot stand. We agree.

The law is well settled that picking a pocket or snatching a purse is not robbery if no more force or violence is used than is necessary to remove the property from a person who does not resist. Mims v. State, 342 So.2d 116 (Fla. 3d DCA…

2Cases cited5 opinions

  1. Adams v. StateDistrict Court of Appeal of Florida · 1974
  2. Stufflebean v. StateDistrict Court of Appeal of Florida · 1983
  3. Mims v. StateDistrict Court of Appeal of Florida · 1977
  4. Butler v. StateDistrict Court of Appeal of Florida · 1978
  5. Kinsey v. StateDistrict Court of Appeal of Florida · 1970

3Cited by9 opinions

  1. Robinson v. StateSupreme Court of Florida · 1997
  2. S.W. v. StateDistrict Court of Appeal of Florida · 1987
  3. Robinson v. StateDistrict Court of Appeal of Florida · 1996
  4. Lovette v. StateDistrict Court of Appeal of Florida · 2004
  5. P.C. v. StateDistrict Court of Appeal of Florida · 1988

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