JAMES GORDON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Peterson v. State, 24 So. 3d 686 (Fla. 2d DCA 2009)
  …f force, abandoned property, and then used force to leave; under such circumstances, use of force was not “part of ‘a continuous series of acts or events’ involved with taking of property”) (quoting in part § 812.13(3)(b)); see also Garcia v. State, 614 So. 2d 568 (Fla. 2d DCA 1993) (relying on Baker to reverse robbery conviction under similar circumstances where use of force followed abandonment of property). Under Peterson’s theory, he was guilty only of the misdemeanor offense of resisting a merchant. See…
• Rockmore v. State, 140 So. 3d 979 (Fla. 2014)
  …endant’s robbery conviction based on insufficient evidence because “ ‘the taking was completed without any use of force and the property abandoned before any force was employed’ ”) (quoting Simmons, 551 So. 2d at 608). Likewise, in Garcia v. State, 614 So. 2d 568 (Fla. 2d DCA 1993), the Second District reversed the defendant’s robbery conviction. There, the defendant “attempted] to throw a duffle bag filled with [stolen] merchandise over the [store’s] fence to his companion. When approached by the security g…

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• Lowman v. Moore, 744 So. 2d 1210 (Fla. 2d DCA 1999)
  …302 (Fla. 5th DCA 1995). Lowman’s conviction on this offense therefore is flawed. Convicting a defendant of a crime when an essential element of the crime has not been proven and could not have been proven is fundamental error. See Garcia v. State, 614 So. 2d 568 (Fla. 2d DCA 1993); Burrell v. State, 601 So. 2d 628 (Fla. 2d DCA 1992). The failure to raise this issue on direct appeal constitutes ineffective assistance of appellate counsel. See Ferrer v. Manning, 682 So. 2d 659 (Fla. 3d DCA 1996). Because the…

Authorities Cited

• Arnett LEE, Sr. v. Gray CAB Co., 614 So. 2d 548 (Fla. 3d DCA 1993)