Robinson v. State, 71--1379
| Decision Date | 13 June 1972 |
| Docket Number | No. 71--1379,71--1379 |
| Citation | 263 So.2d 595 |
| Parties | Alphonso Clarence ROBINSON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., and Edward D. Gewirtz, Legal Intern, for appellee.
Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.
Defendant, Alphonso Clarence Robinson, seeks review of the judgment of conviction for attempted grand larceny rendered by trial court and his sentence of one year in the county jail.
The facts in the case sub judice are as follows:
Charles S. Olesky, received a telephone call from an unknown person asking whether he wanted to purchase a stolen television set for four hundred dollars. Following the telephone call Olesky contacted the police who later kept the rendezvous established between Olesky and the caller. A police officer contacted the defendant at the meeting place and while the two men sat in an automobile the officer told defendant he had the money for the television set when in fact he only had five dollars in an envelope. Defendant stated the television set was nearby but he wanted the money first and when the officer refused, defendant said 'No man, we don't do business that way'. Defendant then attempted to leave the vehicle but the officer placed him under arrest. At trial defendant was convicted of attempted grand larceny.
An attempt to commit a crime involves the idea of an incompleted act as distinguished from the complete act necessary for the crime. The guilding principles necessary for an attempt were given in Gustine v. State, 86 Fla. 24, 97 So. 207 (1923):
'There must be an intent to commit a crime coupled with an overt act apparently adopted to effect that intent, carried beyond mere preparation, but falling short of execution of the ultimate design.'
The intent to commit a crime standing alone does not amount to an attempt nor is preparation alone sufficient. The overt act must reach far enough towards the accomplishment of the desired result to amount to a commencement of the consummation. There must be some appreciable fragment of the crime committed and it must be in such progress that it would be consummated unless interrupted by circumstances independent of the will of the attempter. Groneau v. State, Fla.App.1967, 201 So.2d 599.
In prior cases Florida courts have dealt with the overt act necessary for an attempted larceny. The defendants in Hall v. State, Fla.App.1971. 248 So.2d 524, Pickett v. State, Fla.App.1967, 202 So.2d 203 and Groneau v....
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...1992), Morehead v. State, 556 So.2d 523 (Fla. 5th DCA 1990), State v. Coker, 452 So.2d 1135 (Fla. 2d DCA 1984), and Robinson v. State, 263 So.2d 595 (Fla. 3d DCA 1972), sheds no light on the issue in this appeal. The issue in this appeal is whether the defendant's conviction for the complet......
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...proof of the intent to commit the underlying crime. See Hutchinson v. State, 315 So.2d 546 (Fla. 2d DCA 1975); Robinson v. State, 263 So.2d 595 (Fla. 3d DCA 1972); Groneau v. State, 201 So.2d 599 (Fla. 4th DCA), review denied, 207 So.2d 452 (Fla.1967). By recognizing the crime of attempt wi......
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...1) a specific intent to commit the crime; and 2) a separate overt, ineffectual act done toward its commission: Robinson v. State, Fla.App.3d 1972, 263 So.2d 595; Groneau v. State, Fla.App.4th 1967, 201 So.2d 599; Gustine v. State, 1923, 86 Fla. 24, 97 So. 207. In this same vein, the Standar......
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