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BYRD v. STATE

Nos. 86-1250, 86-1251.

503 So.2d 451 (1987)

Thurman BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 5, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Evidence of violence occurring after a completed robbery, when the victim attempts to retake his property or to apprehend the defendant, while not relevant of the proof of the elements of the robbery charge itself under Royal v. State, 490 So.2d 44 (Fla. 1986) may, nevertheless, in a case such as this one, be admissible as part of the res gestae, as evidence of the intent of the defendant, as evidence of absence...

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