Florida District Courts of Appeal, 1987

Smith v. State

Florida District Courts of Appeal · Decided February 13, 1987 · Boardman, Campbell, Edward, Hall, Ret

502 So. 2d 100; 12 Fla. L. Weekly 540; 1987 Fla. App. LEXIS 6724 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Harrison v. HYSTER COMPANY (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HALL, Judge.

Appellant was convicted of robbery with a deadly weapon and sentenced to twenty-two years’ imprisonment. The sentence was within the recommended guidelines range.

Appellant contends that the court erred in denying his motion for a directed verdict because appellant voluntarily returned the money to the victim after robbing him at gun point. Appellant’s argument centers on a voluntary renunciation theory indicating that the offense was not completed and there was no robbery.

We do not agree and affirm on the basis of Johnson v. State, 432 So.2d 758 (Fla. 1st DCA 1983).

We find no merit in the appellant’s other point on appeal.

CAMPBELL, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.