Florida District Courts of Appeal, 2001

Kimbrough v. State

Kimbrough v. State
Florida District Courts of Appeal · Decided July 10, 2001 · Allen, Webster, Wolf
788 So. 2d 421; 2001 Fla. App. LEXIS 9469; 2001 WL 766265 (Southern Reporter, Second Series)

Kimbrough v. State

Opinion of the Court

PER CURIAM.

We reverse appellant’s robbery conviction. There was insufficient evidence to support a robbery conviction because “the taking was completed without any use of force and the property abandoned before any force was employed.” Simmons v. State, 551 So.2d 607, 608 (Fla. 5th DCA 1989). We remand for entry of judgment on the lesser- included offense of petit theft, which was proven at trial.

ALLEN, C.J., WOLF and WEBSTER, JJ., concur.

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