STATE v. BAKER

No. 88-1660.

540 So.2d 847 (1989)

The STATE of Florida, Appellant, v. Dennis BAKER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Peter L. Nimkoff, Asst. Public Defender, for appellee.

Before NESBITT, FERGUSON and LEVY, JJ.


NESBITT, Judge.

The state appeals an order dismissing a charge of robbery. We affirm.

Department store security guards observed the defendant pick up a videotape recorder and exit the store with it. Upon noticing the guards approaching him, the defendant put down the machine inside the shopping mall and began to run. The guards stopped the defendant, who put up a struggle, shouting that he be left alone and that he had a gun. At no time during the struggle...

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