NELSON FUNDORA
v.
STATE OF FLORIDA
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The force applied during the taking satisfied the statutory requirements for the criminal offense, based on the defendant's conduct that directly resisted the victim's efforts.
[1] In robbery or carjacking prosecutions, force sufficient to support conviction may be demonstrated by the defendant's operation of a vehicle or application of physical act…
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Join FLexlaw to unlock all legal intelligence“defendant's act of driving a 'truck, while [victim] was hanging onto the side resisting the theft, was an act of force intended, in part, to overcome resistance to the taking.'”
Citation to State v. Hawkins, cited as analogous precedent supporting the affirmance
Nelson Fundora was convicted of an offense in the Fifteenth Judicial Circuit. The case involved a taking where the defendant's actions created force a…
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PER CURIAM. Affirmed. See State v. Hawkins, 790 So. 2d 492, 495 (Fla. 5th DCA 2001) (affirming robbery conviction, court noted that defendant’s act of driving a “truck, while [victim] was hanging onto the side resisting the theft, was an act of force intended, in part, to overcome resistance to the taking.”); Lovett v. State, 781 So. 2d 466 (Fla. 5th DCA 2001) (finding sufficient “violence” to affirm carjacking conviction where victim jumped on car’s hood and defendant accelerated car while victim was on hood). GROSS, TAYLOR and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hawkins, 790 So. 2d 492 (Fla. 5th DCA 2001)
- Lovett v. State, 781 So. 2d 466 (Fla. 5th DCA 2001)