NERA MIMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was sufficient for a robbery conviction and that the trial court did not err in refusing to instruct the jury on assault and battery as a lesser included offense.
The defendant robbed a victim by forcing her into a car, driving her to a deserted area, taking her pocketbook, and beating her when she resisted. The…
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PER CURIAM.
Nera Mims seeks reversal of her conviction for robbery and sentence to 15 years in the state penitentiary.
The victim, Ms. Fuller, was forced into a car by Mims and driven to a deserted area where Mims grabbed Ms. Fuller’s pocketbook. Upon resisting, Ms. Fuller was beaten and pushed out of the car. For her first point on appeal, Mims argues that the evidence was insufficient to support a conviction of robbery because the larceny took place sufficiently previous to the assault and battery to remove the incident from the penumbra of a robbery charge.
Although purse snatching is not robbery if no more force or violence is used than necessary to physically remove the property from a person who does not resist, if the victim does resist in any degree and this resistance is overcome by the physical force of the perpetrator, the crime of robbery is complete. Adams v. State, 295 So. 2d 114, 116 (Fla. 2d DCA 1974). Thus, this point lacks merit.
Mims secondly contends the court erred in refusing to instruct the jury on the crime of assault and battery. We cannot agree.
The information charged a single offense of robbery and in the absence of any allegation contained therein that Mims struck the victim, the trial judge was eminently correct in refusing to instruct the jury on the crime of assault and battery as a lesser included offense of robbery. See State v. Wilson, 276 So. 2d 45 (Fla.1973); Stephens v. State, 279 So. 2d 331 (Fla. 2d DCA 1973).
Affirmed.
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Robinson v. State, 692 So. 2d 883 (Fla. 1997)…ther, there must be resistance by the victim that is overcome by the physical force of the offender. See S.W., 513 So. 2d at 1091-92 (quoting R.P. v. State, 478 So. 2d 1106 (Fla. 3d DCA 1985), review denied, 491 So. 2d 281 (Fla.1986); Mims v. State, 342 So. 2d 116, 117 (Fla. 3d DCA 1977); Adams v. State, 295 So. 2d 114, 116 (Fla. 2d DCA), cert. denied, 305 So. 2d 200 (Fla.1974); Wayne R. LaFave & Austin W. Scott, Jr., Criminal Law § 8.11(d), at 781 (2d ed.1986)); see also Colby [*887] v. State, 46 Fla. 112, 1…
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E. Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980)…udication of delinquency arising out of robbery charges filed against him. Appellant contends the evidence is insufficient to show that the robbery was accompanied by any force or violence. McCloud v. State, 335 So. 2d 257 (Fla.1976); Mims v. State, 342 So. 2d 116 (Fla. 3d DCA 1977); Fla.Std. Jury Instr. (Crim.) (Robbery) 2.06 and 2.07. The pertinent testimony showed that the appellant snatched a purse from the hand of the victim, an elderly woman who was walking on a sidewalk on Miami Beach. She was confron…
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Stufflebean v. State, 436 So. 2d 244 (Fla. 3d DCA 1983)…be established to prove the crime of robbery. See e.g., McCloud v. State, 335 So. 2d 257 (Fla.1976); Montsdoca v. State, 84 Fla. 82, [*247] 93 So. 157 (1922); E.Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980) (Baskin, J., dissenting); Mims v. State, 342 So. 2d 116 (Fla. 3d DCA 1977). We are, nevertheless, required to apply Florida law. Hoffman v. Jones, 280 So. 2d 431 (Fla.1973). The principle enunciated in Colbey v. State * , 46 Fla. 112, 35 So. 189 (1903) controls. In Colbey, the defendant, caught with h…1 / 2
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Wilson, 276 So. 2d 45 (Fla. 1973)
- Adams v. State, 295 So. 2d 114 (Fla. 2d DCA 1974)
- Stephens v. State, 279 So. 2d 331 (Fla. 2d DCA 1973)