BEN v. STATE

No. 84-583.

461 So.2d 286 (1985)

Edward BEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 4, 1985.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


OTT, Acting Chief Judge.

A jury convicted the appellant for robbery. He appeals the trial court's denial of his motion for judgment of acquittal, arguing that he was not guilty of robbery because there was no force used until after the actual taking. We disagree and affirm.

Appellant was observed by Holcomb, a Maas Brothers security guard, as he selected several shirts and took them into the men's fitting room. Holcomb followed the appellant into the fitting...

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