WESS v. STATE

No. 1D10-1724.

67 So.3d 1133 (2011)

James Cleveland WESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 30, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Danielle Jorden , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Jay Kubica and Thomas D. Winokur , Assistant Attorneys General, Tallahassee, for Appellee.


THOMAS, J.

Appellant appeals his conviction of robbery by sudden snatching pursuant to section 812.131, Florida Statutes. Appellant contends the trial court erred when it denied his motion for judgment of acquittal because the undisputed facts do not satisfy the statutory elements of that crime. For the reasons explained below, we agree and reverse with instructions to the trial court to enter a judgment of theft, as authorized by section 924.34, Florida Statutes...

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