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WILLIAMS v. STATE

No. 4D02-3966.

863 So.2d 1257 (2004)

Henry WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 7, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

Appellant, who was convicted of car jacking, argues that his taking the victim's car did not involve fear or force and accordingly the trial court should have granted his motion for judgment of acquittal on that charge. We affirm.

The elements of car jacking are contained in section 812.133(1), Florida Statutes (2001):

"Car jacking" means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another...

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