BROWN v. STATE

No. 4D01-440.

848 So.2d 361 (2003)

Joe BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 17, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.


FARMER, J.

In a case involving theft of a purse, defendant was charged with strong arm robbery but convicted of robbery by sudden snatching. Because we find that the trial court erroneously instructed the jury and that, in any case, the evidence does not support the conviction, we reverse.

On the day in question, the victim sat on a park bench with a friend. The bench was partially bordered by bushes about three feet high. Victim placed her purse on the bench...

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