MAGNOTTI v. STATE

No. 4D02-300.

842 So.2d 963 (2003)

Joseph MAGNOTTI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 7, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Appellant, Joseph Magnotti, was tried by jury and convicted of strong arm robbery of a bank. On appeal, Magnotti claims that the robbery conviction cannot stand because the evidence was legally insufficient to demonstrate the crucial element of taking by putting in fear. Magnotti argues that a reasonable person in the bank teller's position would not have been placed in fear of harm during the robbery because the teller's booth was located in a secure...

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