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KIMBROUGH v. STATE

No. 1D00-3077.

788 So.2d 421 (2001)

Joe Lewis KIMBROUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 10, 2001.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

We reverse appellant's robbery conviction. There was insufficient evidence to support a robbery conviction because "the taking was completed without any use of force and the property abandoned before any force was employed." Simmons v. State, 551 So.2d 607, 608 (Fla. 5th DCA 1989). We remand for entry of judgment on the lesser included offense of petit theft, which was proven at trial.

ALLEN, C.J., WOLF...

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