SHAWN RUPE
v.
STATE
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A robbery conviction cannot be sustained when the evidence is insufficient under the applicable standard of appellate review.
[1] A robbery conviction cannot be sustained on appeal when the evidence is insufficient under the applicable standard of appellate review.
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Join FLexlaw to unlock all legal intelligenceShawn Rupe was convicted of first-degree premeditated murder, felony murder, and robbery with a deadly weapon. He appealed his convictions challenging…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SHAWN RUPE,
Appellant,
v. Case No. 5D16-3519
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed June 1, 2018
Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge.
J. Rafael Rodriguez, of Law Offices of J.
Rafael Rodriguez, Miami, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant challenges his convictions for first-degree premeditated and felony murder and robbery with a deadly weapon. We agree that the robbery conviction cannot be sustained under our standard of review and accordingly reverse the judgment and concurrent life sentence on that charge. We affirm the judgment and sentence on the first-degree premeditated murder conviction. AFFIRMED IN PART; REVERSED IN PART.
2 TORPY, EVANDER and WALLIS, JJ., concur.