State v. Douglas, s. AA--247
| Citation | 337 So.2d 407 |
| Decision Date | 23 September 1976 |
| Docket Number | Nos. AA--247,A,-355,AA--354,s. AA--247 |
| Parties | The STATE of Florida, Appellant (State), v. Patrick DOUGLAS and Lydia Collins, Appellees (Defendants). Patrick DOUGLAS and Lydia Collins, Appellants (Defendants), v. STATE of Florida, Appellee (State). |
| Court | Court of Appeal of Florida (US) |
Robert L. Shevin, Atty. Gen., Charles W. Musgrove, Andrew W. Lindsey, Asst. Attys. Gen., for the State.
Reese Marshall, Jacksonville, Richard W. Ervin, III, Public Defender, Michael M. Corin, Louis G. Carres, David J. Busch, Asst. Public Defenders, and Lydia Collins and Patrick Douglas, in pro. per., for appellees and appellants Patrick Douglas and Lydia Collins.
The State appeals from an order dismissing a count of an information charging Collins and Douglas with robbery. Collins and Douglas appeal from a judgment based on a jury verdict finding Collins guilty of two charges of assault with intent to commit murder in the second degree, and finding Douglas guilty of aggravated battery and assault with intent to commit murder in the second degree. The appeals have been consolidated.
The State contends that the trial court erred in granting the defendants' motion to dismiss the robbery count of the information. We agree. The attorney for the defendants has filed a brief stating that he finds no error in their trial. We agree.
The manager of a food market saw Douglas grab several pieces of meat from the meat counter and drop them into the shoulder bag of Collins. The manager intercepted them as they attempted to depart by the exit at the front of the store. At the request of the manager, they agreed to walk to the rear of the store with him. As they walked toward the rear of the store, Douglas turned and struck the manager. The manager fought back. Collins then drew a knife and began stabbing the manager and an employee who was accompanying him. After the affray, the defendants ran out the front exit where they were apprehended by a police officer. Collins drew a bloody knife which she handed to Douglas which he dropped when the officer threatened to shoot him. They were arrested and at the time of the arrest the meat was found in Collins' shoulder bag. The facts are not in dispute.
Section 813.011, Florida Statutes (1973), under which the defendants were charged with robbery, requires that the property of another be taken by force, violence, assault or putting in fear. The defendants urge that the taking of the meat was not accompanied by force;...
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Royal v. State, s. 82-1050
...question presented here is whether the taking was completed without the utilization of any force, assault or fear. In State v. Douglas, 337 So.2d 407 (Fla. 1st DCA 1976), cert. denied, 348 So.2d 946 (Fla.1977), the manager of the food market saw the defendant grab some pieces of meat and dr......
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Stufflebean v. State
...failed to prove that the taking in the instant case was accomplished through the use of force." 1 Appellant urges that State v. Douglas, 337 So.2d 407 (Fla. 1st DCA 1976), cert. denied, 348 So.2d 946 (Fla.1977), relied upon by the state, actually supports his In Douglas, the manager of a fo......
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Snead v. State, 4-86-0686
...DCA 1985); Royal v. State, 452 So.2d 1098 (Fla. 5th DCA 1984); Stufflebean v. State, 436 So.2d 244 (Fla. 3d DCA 1983); State v. Douglas, 337 So.2d 407 (Fla. 1st DCA 1976). That being so, the mere threat of violence can hardly constitute a separate The trial court also held that the victim w......
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Morris v. State, 78-769
...PER CURIAM. Affirmed. McCloud v. State, 335 So.2d 257 (Fla.1976); Mims v. State, 342 So.2d 116 (Fla.3d DCA 1977); State v. Douglas, 337 So.2d 407 (Fla. 1st DCA 1976), cert. denied, 348 So.2d 946 (Fla.1977); Adams v. State, 295 So.2d 114 (Fla.2d DCA 1974), cert. denied sub nom. Yarborough v.......