Ben v. State

Supreme Court of Florida September 4, 1986

Ben v. State, 493 So. 2d 453 (Fla. 1986)

11 Fla. L. Weekly 465; 1986 Fla. LEXIS 2594

Adkins, Boyd, Ehrlich, McDonald, Overton, Shaw

Opinion of the Court

OVERTON, Justice.

We accepted jurisdiction in this cause, reported as Ben v. State, 461 So.2d 286 (Fla.2d DCA 1985), on the basis of conflict with Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922).* We quash the decision of the district court of appeal on the authority of Royal v. State, 490 So.2d 44 (Fla. 1986), and remand to the district court for reconsideration in light of our decision in that case.

It is so ordered.

McDonald, C.J., and ADKINS, EHRLICH and SHAW, JJ., concur. BOYD, J., dissents with an opinion.

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Dissenting Opinion

BOYD, Chief Justice,

dissenting.

Because I find that the defendant used force to effectuate a taking of property from the possession of another, I would hold that the evidence showed the offense of robbery and would approve the decision of the district court of appeal.

Reference

Full Case Name: Edward BEN v. STATE of Florida
Status: Published