ANTON SMITH A/K/A MARCINE HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s conviction of robbery by sudden snatching, but reverse the five year mandatory minimum condition of his ten year sentence under the Prison Releasee Reoffender Act. Section 775.082(9)(a)lg, Florida Statutes (2002) of the Act includes a robbery committed within three years after being released from prison, but does not refer to robbery by sudden snatching. There is a difference, in that robbery requires the use of force, violence, assault, or putting in fear, section 812.13, while robbery by sudden snatching does not. § 812.131(1). Brown v. State, 848 So. 2d 361 (Fla. 4th DCA 2003) (robbery by sudden snatching is defined differently than robbery).
We have considered the remaining issues and find them to be without merit. We accordingly affirm the conviction but reverse the mandatory minimum Prison Releasee Reoffender sentence.
GUNTHER, KLEIN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cohen v. State, 920 So. 2d 682 (Fla. 2d DCA 2006)…leasee Reoffender Punishment Act identified “robbery” as a qualifying offense. See § 775.082(9)(a)(l)(g), Fla. Stat. (2002). In his motion, Cohen claims that his PRR sentence for robbery by sudden snatching is illegal. We agree. In Smith v. State, 891 So. 2d 1133 (Fla. 4th DCA 2005), the Fourth District reversed a PRR sentence on a conviction for robbery by sudden snatching, noting that robbery and robbery by sudden snatching are separate offenses. Because the Prison Releasee Reoffender Punishment Act refers…
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Thomas v. State, 933 So. 2d 45 (Fla. 4th DCA 2006)…or threat of physical force or violence. Appellant has filed a motion for rehearing, insisting that our affirmance of his PRR sentence for the crime of robbery by sudden snatching suggests we have “overlooked” our prior decision in Smith v. State, 891 So. 2d 1133 (Fla. 4th DCA 2005), and the Second District’s decision in Cohen v. State, 920 So. 2d 682 (Fla. 2d DCA 2006), and that had we considered these decisions, we would have concluded that the jury instructions regarding the offense of robbery by sudden s…
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T.N. v. State, 896 So. 2d 878 (Fla. 2d DCA 2005)…ies in which the defendant did not use force but “snatched” the property from the victim’s person. Robbery by sudden snatching is one felony degree lower than robbery. Compare § 812.131(2) with § 812.13(2). This case is analogous to Smith v. State, 891 So. 2d 1133 (Fla. 4th DCA 2005), in which the Fourth District reversed a prison releasee reoffender sentence which was imposed for the offense of robbery by sudden snatching. While the prison releasee reoffender statute provided for a mandatory minimum sentence…
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- Brown v. State, 848 So. 2d 361 (Fla. 4th DCA 2003)