Ben v. State
Ben v. State
Opinion of the Court
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).
It is so ordered.
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
Dissenting Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.