Florida/Georgia Personal Injury & Workers Compensation

...We therefore reaffirm the holding of Wilkerson as applied to Florida’s definition—which includes an overt act requirement—of attempted robbery. 7 In this regard, we distinguish § 812.13(1) from its less-serious counterpart, Fla. Stat. § 812.131(1), which concerns “robbery by sudden snatching.” Pursuant to this companion statute, “robbery by sudden snatching” is committed whenever a defendant takes money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. Fla. Stat. § 812.131(1). Section 812.131(1) goes on to state that no force “beyond that effort necessary to obtain possession of the money or other property” or resistance by the victim must be proven to satisfy the definition. Fla. Stat. § 812.131(1)(a), (b). So while § 812.131(1) attends to pick-pocketing or other similar activity (so long as the victim is in possession of the money or property and realizes he is being victimized), § 812.13(1) concerns a far more aggressive and potentially violent form of robbery....

...he force necessary to remove the property from the person. Rather, there must be resistance by the victim that is overcome by the physical force of the offender. 7 In 1999, Florida enacted a wholly separate statute, § 812.131, which proscribes sudden snatching....

...(a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or (b) There was any resistance by the victim to the offender or that there was injury to the victim’s person. Fla. Stat. § 812.131 (1999) (emphasis added)....

...pon or firearm." Id. § 775.087(1) (emphasis added). [4] The State also has a new, separate offense created by the Legislature to directly address the sudden snatching of purses and other objects from victims. In 2001, the Florida Legislature passed section 812.131, Florida Statutes (2001) (robbery by sudden snatching), which expressly addresses the type of offense committed by Burris....

...nvolving the sex organ of the one and the mouth, anus, or vagina of the other. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2009. 15.4 ROBBERY BY SUDDEN SNATCHING § 812.131, Fla....

...ct that is used or threatened to be used in a way likely to produce death or great bodily harm. *588 Lesser Included Offenses ---------------------------------------------------------------------------------------------- ROBBERY BY SUDDEN SNATCHING—812.131 ---------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....

...hing is so close as to be within ready reach and is under the control of the person. " [e.s.] The jury convicted defendant of robbery by sudden snatching, and he now appeals. The state argues that the text of the robbery by sudden snatching statute, section 812.131(1) ("from the victim's person"), does not require that the item be taken from the actual, physical possession of the victim....

..."In the course of the taking" can be subsequent to the taking. In the instant case, although the victim was unaware of the taking at the time of the taking, the victim did become aware of the taking as the defendant was fleeing after the taking. This fact satisfies the statutory requirement of section 812.131, Florida Statutes, as it was a " continuous series of acts or events. " § 812.131(3)(b)(emphasis supplied). For these reasons, the conviction should be affirmed. NOTES [1] See § 812.131(1), Fla....

...or in another building on his property, it is nevertheless in his personal possession; and if he is deprived thereof, it may well be said it is taken from his person." Id. (quoting from Wood v. State, 98 Fla. 703, 124 So. 44, 46 (Fla.1929)). [3] See § 812.131(1)(a) and (b) ("In order to satisfy this definition [of robbery by sudden snatching], it is not necessary to show that: the offender used any amount of force beyond that effort necessary to obtain possession of the money or other property;...

...Appellant does not argue otherwise. But he contends he was entitled to the jury instruction defense counsel below requested on the permissive or category two lesser-included offense of "robbery by sudden snatching," the third-degree felony proscribed by section 812.131, Florida Statutes (2008)....

..." but also of the offense of "robbery by sudden snatching." [4] allegation that a robbery was accomplished *817 by putting the victim in fear necessarily alleges that the victim "in the course of the taking, . . . was or became aware of the taking." § 812.131(1), Fla....

...leged disjunctively. Legally, it is, of course, "impossible to know on which . . . [theory] . . . the jury's verdict rests." Horn v. State, 677 So.2d 320, 323 (Fla. 1st DCA 1996). [4] To prove the crime of robbery by sudden snatching in violation of section 812.131(2)(b), Florida Statutes (2008), a third-degree felony, "the State must prove the following four elements beyond a reasonable doubt:" (1) "(Defendant) took the (money or property described in the charge) from the person of [the victim]...

...of guilt as to robbery, [5] and to resentence Burris accordingly. We also certify conflict with Jackson and Nation. CASE REMANDED WITH DIRECTIONS; CONFLICT CERTIFIED. GRIFFIN and SAWAYA, JJ., concur. NOTES [1] § 812.13(2)(c), Fla. Stat. (2001). [2] § 812.131, Fla....

...When defense counsel moved at sentencing for a determination notwithstanding the verdict and a reduction of the conviction to petit theft, the court again denied the motion, this time finding that the victim had constructive possession of the purse because she had possession of Floyd. Section 812.131(1), Florida Statutes (2002), defines robbery by sudden snatching in pertinent part as "the taking of money or other property from the victim's person." (Emphasis supplied)....

...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)....

...Therefore, Owens's conviction must be for a crime specified in section 812.014(3), Florida Statutes (1997). Reversed and remanded. THREADGILL, A.C.J., and CAMPBELL, MONTEREY (Senior) Judge, concur. NOTES [1] The legislature abolished this requirement when it enacted section 812.131, Florida Statutes (1999), "Robbery by sudden snatching." To convict a defendant of that new crime, it is not necessary for the State to prove that the accused used more force than necessary to obtain the property or that the victim offered any resistance. Section 812.131 became effective on October 1, 1999....

...In making this suggestion, the In re Jackson Court said that (1) Lockley “construed a very different statutory scheme”; (2) that “[i]n 2000, the Florida legislature. separated robbery by sudden snatching into its own statute” in Fla. Stat. § 812.131 ; and (3) “Lockley analyzed this later scheme and held that this new version of § 812.13(1) met United States Sentencing Guidelines § 4B1.2’s ‘elements clause’ definition.” Id. at 1346-47 (emphasis added). While Florida in 1999 did enact a new sudden snatching statute codified at § 812.131, Florida did not change the separate § 812.13(1) robbery statute....

...In order to satisfy this definition, it is not necessary to show that: (a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or (b) There was any resistance by the victim to the offender or that there was injury to the victim’s person. Fla. Stat. § 812.131 (1999) (emphasis added)....

...t the Defendant carried a "deadly weapon." "Whether or not the weapon involved is to be classified as `deadly' is a factual question to be resolved by the jury under appropriate instructions." Dale v. State, 703 So.2d 1045, 1047 (Fla.1997). Although section 812.131, Florida Statutes, the section under which the Defendant was convicted, does not define the term "deadly weapon," that term has been defined in the context of other crimes as follows....

...ed: 06/24/2016 Page: 6 of 15 force. See United States v. Welch, 683 F.3d 1304, 1311 n.29 (11th Cir. 2012). In 2000, the Florida legislature separated robbery by sudden snatching into its own statute. Id. at 1311 & n.30; see also Fla. Stat. § 812.131....

...bbery, robbery by sudden snatching and carjacking each provide that the offense shall be classified as a higher- degree offense if “in the course of committing” the crime the offender carries a firearm or deadly weapon. See §§ 812.13(2)(a), 812.131(2)(a), 812.133(2)(a), Fla. Stat....

...§ 812.13(3)(a), Fla. Stat. (2015). An act shall be deemed “in the course of committing a robbery by sudden snatching” if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission. § 812.131(3)(a), Fla....

...NORTHCUTT and CASANUEVA, JJ., Concur. NOTES [1] We do not need to decide whether this ninepoint total should properly have been reduced after the adjudicatory process was completed. J.W. initially scored nine points on his RAI because he was charged with a violation of section 812.131(2)(b), Florida Statutes (2001), robbery by sudden snatching, which was correctly denominated a "violent third-degree felony," and which accounted for all of his nine points....

...st to see all transcripts of the testimony of the witnesses without informing the jury of its right to seek a read-back of trial testimony, we affirm. I. Background The State charged Adams with robbery by sudden snatching, a third-degree felony. See § 812.131, Fla....

...argues that his designation as a serious or habitual juvenile offender is improper because robbery by sudden snatching is not a qualifying offense under section 985.03(48), Florida Statutes (2003). We agree and reverse. T.N. entered a plea of no contest to the charge of robbery by sudden snatching, which is prohibited by section 812.131, Florida Statutes (2003)....

...The State argues that the general reference to robbery in subsection (48)(a)(3) includes the offense of robbery by sudden snatching. Robbery by sudden snatching and robbery are two separate offenses prohibited by two separate statutes. Robbery by sudden snatching is prohibited by section 812.131, which provides: (1) "Robbery by sudden snatching" means the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking....

...r property; or (b) There was any resistance offered by the victim to the offender or that there was injury to the victim's person. If the offender did not carry a firearm or other deadly weapon, as in this case, the offense is a third-degree felony. § 812.131(2)(b)....

...course of the taking there is the use of force, violence, assault, or putting in fear. If the offender did not carry a firearm or other deadly weapon, as in this case, the offense is a second-degree felony. § 812.13(2)(c). Prior to the enactment of section 812.131, in order for a snatching to have constituted a robbery under section 812.13, the defendant must have used "`more than the force necessary to remove the property from the person,'" or enough force to overcome the victim's resistance. Owens v. State, 787 So.2d 143, 143-44 (Fla. 2d DCA 2001) (quoting Robinson v. State, 692 So.2d 883, 886 (Fla.1997)). The enactment of section 812.131 provided for a felony conviction for those robberies 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)....

...The court analyzed the elements of both crimes and determined that the offense of robbery by sudden snatching in Georgia was not substantially similar to the offense of robbery in Florida due to the absence of a force requirement in the Georgia statute. Id. Section 812.131 was enacted after Robinson was decided, and it is comparable to the Georgia statute as interpreted by case law in Georgia....

...Daniels, Public Defender, Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Jay Kubica and Thomas D. Winokur, Assistant Attorneys General, Tallahassee, for Appellee. THOMAS, J. Appellant appeals his conviction of robbery by sudden snatching pursuant to section 812.131, Florida Statutes....

...Appellant was charged with robbery by sudden snatching. At the close of the State's case, Appellant moved for judgment of acquittal, arguing that the victim's testimony did not establish that the purse was in her physical possession, as required by section 812.131, Florida Statutes; rather, the most that the facts established was that Appellant had committed the crime of theft. Appellant's motion was denied. The jury found Appellant guilty as charged, and the trial court adjudicated *1135 Appellant guilty accordingly. This appeal followed. Analysis Section 812.131, Florida Statutes (2010), provides, in relevant part: (1) "Robbery by sudden snatching" means the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of...

...(Emphasis added.) The issue here is whether, under these facts, Appellant took the purse "from the victim's person," as required by the statute. We conclude that he did not. Although Appellant was not charged with robbery, comparing the statutory definition of "robbery" with that of "robbery by sudden snatching" is helpful. Section 812.131(1), Florida Statutes, defines robbery as "the taking of money or other property which may be the subject of larceny from the person or custody of another...." (Emphasis added.) Thus, the robbery statute applies when property is stolen from a victim's immediate vicinity and/or control....

...Odom, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. A jury convicted Jermaine Thomas of robbery by snatching in violation of section 812.131(1), Florida Statutes (2002), and fleeing and eluding in violation of section 316.1935(2), Florida Statutes (2002)....

...of physical force or violence against an individual." Affirmed in part and Reversed in part. STEVENSON, C.J., GUNTHER and MAY, JJ., concur. ON MOTION FOR REHEARING STEVENSON, C.J. After being convicted of robbery by sudden snatching in violation of section 812.131(1), Florida Statutes (2002), and fleeing and eluding in violation of section 316.1935(2), Florida Statutes (2002), appellant, *47 Jermaine Thomas, was sentenced as a prison releasee reoffender and a habitual felony offender for both crimes....

...The trial judge instructed the jury that the State was required to prove Thomas "took property from the person or custody of [the victim]." The statute defining the crime provides that "`[r]obbery by sudden snatching' means the taking of money or other property from the victim's person ...." § 812.131(1), Fla....

...Cohen challenges the postconviction court's denial of his motion to withdraw his plea to one count of robbery by sudden snatching. We reverse and remand for further proceedings. Cohen pleaded no contest to one count of robbery by sudden snatching in violation of section 812.131(1), Florida Statutes (2002)....

...Crist, Jr., Attorney General, and Sheron Wells, Assistant Attorney General, Tallahassee, for Appellee. KAHN, C.J. In this criminal case, we consider whether the undisputed facts presented by appellant's motion to dismiss will support a conviction for "robbery by sudden snatching" as that offense is defined by section 812.131(1), Florida Statutes (2004)....

...The definition of that offense will ensnare any person guilty of "the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking." § 812.131(1), Fla....

...ffender use or threaten to use any force or violence in order to commit the crime of robbery by sudden snatching. In fact, no force whatsoever is required 'beyond that effort necessary to obtain possession of the money or other property' ") (quoting section 812.131, Fla....

...However, had the robbery by sudden snatching been designated a non-violent third-degree felony, A.M.’s score would not have qualified him for secure detention and would have resulted in his release on home detention. 1 In 1999, the Florida Legislature enacted section 812.131, Florida Statutes, entitled “Robbery by Sudden Snatching.” It provides in pertinent part as follows: (1) “Robbery by sudden snatching” means the taking of money or other property from the victim’s person, with intent to perm...

...(b) If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 812.131, Fla....

...the money or other property.” The only elemental difference between a robbery by sudden snatching and a theft is that robbery by sudden snatching requires proof that “in the course of the taking, the victim was or became aware of the taking.” § 812.131(1)....

...directing the trial court to release O.A. to the custody of a parent or guardian. The clerk’s order noted that an opinion would follow. O.A. was arrested on May 27, 2014, and charged with two third-degree felonies: (i) robbery by sudden snatching (section 812.131, Florida Statutes (2014)), and, (ii) possession of a controlled substance without a prescription (section 893.13(6)(a), Florida Statutes (2014))....

...directing the trial court to release O.A. to the custody of a parent or guardian. The clerk’s order noted that an opinion would follow. O.A. was arrested on May 27, 2014, and charged with two third-degree felonies: (i) robbery by sudden snatching (section 812.131, Florida Statutes (2014)), and, (ii) possession of a controlled substance without a prescription (section 893.13(6)(a), Florida Statutes (2014)). A juvenile’s detention status is determined by the trial court’s scoring...

...ble person, under like circumstances, would have felt sufficiently threatened to accede to the robber’s demands. We affirm appellant’s conviction for robbery and his sentence as a reoffender. AFFIRMED. THOMPSON, C.J., and COBB, J., concur. . See § 812.131, Fla....

...5th DCA 2001). See also M.R. v. State, 101 So. 3d 389, 392 (Fla. 3d DCA 2012) (applying same standard in a delinquency proceeding). 2 that effort necessary to obtain possession of the money or other property’”) (quoting section 812.131, Fla....

...Florida’s robbery statute does not require the use of violent force. At the time the Government made the supposed concession, the Government’s attorney was contrasting § 812.13 with Florida’s “Robbery by Sudden Snatching” statute, Fla. Stat. § 812.131, which explicitly details the amount of force needed to commit the offense....

...ness. Like our sister court, we find the lack of any evidence that McCollum was advised of a date by which he was required to report to probation prevents a finding that he willfully violated his probation. REVERSED. TORPY and LAWSON, JJ., concur. . § 812.131(2)(b), Fla....

...argues that his designation as a serious or habitual juvenile offender is improper because robbery by sudden snatching is not a qualifying offense under section 985.03(48), Florida Statutes (2003). We agree and reverse. T.N. entered a plea of no contest to the charge of robbery by sudden snatching, which is. prohibited by section 812.131, Florida Statutes (2003)....

...The State argues that the general reference to robbery in subsection (48)(a)(3) includes the offense of robbery by sudden snatching. Robbery by sudden snatching and robbery are two separate offenses prohibited by two separate statutes. Robbery by sudden snatching is prohibited by section 812.131, which provides: (1) “Robbery by sudden snatching” means the taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking....

...property; or (b) There was any resistance offered by the victim to the offender or that there was injury to the victim’s person. If the offender did not carry a firearm or other deadly weapon, as in this case, the offense is a third-degree felony. § 812.131(2)(b)....

...course of the taking there is the use of force, violence, assault, or putting in fear. If the offender did not carry a firearm or other deadly weapon, as in this case, the offense is a second-degree felony. § 812.13(2)(c). Prior to the enactment of section 812.131, in order for a snatching to have constituted a robbery under section 812.13, the defendant must have used “ ‘more than the force necessary to remove the property from the person,’ ” or enough force to overcome the victim’s resistance. Owens v. State, 787 So.2d 143, 143-44 (Fla. 2d DCA 2001) (quoting Robinson v. State, 692 So.2d 883, 886 (Fla.1997)). The enactment of section 812.131 provided for a felony conviction for those robberies 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)....

...The court analyzed the elements of both crimes and determined that the offense of robbery by sudden snatching in Georgia was not substantially similar to the offense of robbery in Florida due to the absence of a force requirement in the Georgia statute. Id. Section 812.131 was enacted after Robinson was.decided, and it is comparable to the Georgia statute as interpreted by case law in Georgia....

...ion was reserved to determine the amount of restitution to the victim. On July 22, 2011, the State filed an information in circuit court charging Laf-ferty with robbery by sudden snatching for the event that occurred on June 6, 2011, in violation of section 812.131(2)(b)....

...ffender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or (b) There was any resistance offered by the victim to the offender or that there was injury to the victim’s person.” Fla. Stat. § 812.131 (2000). 31 Robinson v....

...The State charged Walker with robbery by sudden snatching. The court instructed the jury on the crime of petit theft as a lesser included offense of the crime charged. Walker moved for judgment of acquittal which the court denied. We find that the court improperly denied the motion. Section 812.131(1), Florida Statutes (2000), defines robbery by sudden snatching as follows: ‘Robbery by sudden snatching’ means the taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive t...

...However, had the robbery by sudden snatching been designated a non-violent third-degree felony, A.M.’s score would not have qualified him for secure detention and would have resulted in his release on home detention.1 In 1999, the Florida Legislature enacted section 812.131, Florida Statutes, entitled “Robbery by Sudden Snatching.” It provides in pertinent part as follows: (1) “Robbery by sudden snatching” means the taking of money or other property from the victim's...

...snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. §812.131, Fla....

...of the money or other property.” The only elemental difference between a robbery by sudden snatching and a theft is that robbery by sudden snatching requires proof that “in the course of the taking, the victim was or became aware of the taking.” § 812.131(1)....

...any benefit from it.] b. [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it.] 15.4 ROBBERY BY SUDDEN SNATCHING § 812.131, Fla....

...pported such an instruction, the defendant has failed to demonstrate prejudice under Strickland. The crime of robbery by sudden snatching does not require evidence of any force beyond the effort necessary to obtain possession of the property, see § 812.131(1)(a), Fla. Stat. (2010), or that the victim offered any resistance, see § 812.131(1)(b)....

...Appellant raises two issues on appeal. Although we affirm on both, we write to address only his first argument and hold that taking money or other property (such as a phone) that is resting on a victim’s lap is considered taking “from the victim’s person” in violation of section 812.131(1), Florida Statutes (2014). Appellant attempts to rely on our decision in Brown v....

...We therefore hold that the snatching of an object resting on or being carried by a victim (as opposed to merely touching or leaning against the victim), whether or not the victim’s fingers are bent around it, is taking “from the victim’s person” as that term is used in section 812.131(1), Florida Statutes. Affirmed. LEVINE and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 2 

...We therefore reaffirm the holding of Wilkerson as applied to Florida’s definition—which includes an overt act requirement—of attempted robbery. 7 In this regard, we distinguish § 812.13(1) from its less-serious counterpart, Fla. Stat. § 812.131(1), which concerns “robbery by sudden snatching.” Pursuant to this companion statute, “robbery by sudden snatching” is committed whenever a defendant takes money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. Fla. Stat. § 812.131(1). Section 812.131(1) goes on to state that no force “beyond that effort necessary to obtain possession of the money or other property” or resistance by the victim must be proven to satisfy the definition. Fla. Stat. § 812.131(1)(a), (b). So while § 812.131(1) attends to pick-pocketing or other similar activity (so long as the victim is in possession of the money or property and realizes he is being victimized), § 812.13(1) concerns a far more aggressive and potentially violent form of robbery....

...However, had the robbery by sudden snatching been designated a non-violent third-degree felony, A.M.’s score would not have qualified him for secure detention and would have resulted in his release on home detention.1 In 1999, the Florida Legislature enacted section 812.131, Florida Statutes, entitled “Robbery by Sudden Snatching.” It provides in pertinent part as follows: (1) “Robbery by sudden snatching” means the taking of money or other property from the victim's...

...snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. §812.131, Fla....

...of the money or other property.” The only elemental difference between a robbery by sudden snatching and a theft is that robbery by sudden snatching requires proof that “in the course of the taking, the victim was or became aware of the taking.” § 812.131(1)....

...any benefit from it.] b. [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it.] 15.4 ROBBERY BY SUDDEN SNATCHING § 812.131, Fla....

...Martin Scott appeals the summary denial of his rule 3.850 motion for post-conviction relief claiming that the trial court erred in imposing a ten year mandatory minimum on his Habitual Violent Offender sentence for robbery by sudden snatching, a third degree felony. See § 812.131, Fla....

legislature has now made it clear, by the passage of section 812.131, Florida Statutes, (robbery by sudden snatching)