Rose v. State
68 So. 3d 377
Fla. Dist. Ct. App.2011Background
- On July 24, 2009, a homeowner observed two women at her door; one woman (Rose) concealed behind a bush and pointed a silver handgun at the face of the victim at close range.
- The victim attempted to retreat; the two women demanded silence and fled in a white vehicle after the confrontation, enabling the victim to obtain the vehicle’s tag number AEJ-5450 and call 911.
- 911 recording and testimony described the gunwoman as wearing a hat and facial covering; later description noted a cloth over the face and a ball cap with sunglasses.
- Police later conducted a felony stop of a white vehicle; occupants included Andrea Longstreet and Tiffany Rose; search of the vehicle yielded multiple items and weapons.
- The State charged Rose with attempted robbery with a firearm and aggravated assault (firearm); at trial the State’s principal witness was the victim, whose testimony described the confrontation and the gun.
- The trial court denied Rose’s motion for judgment of acquittal on the attempted robbery with a firearm count; the jury returned a verdict of guilty on that count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proved specific intent to commit robbery | Rose (Rose) intended to commit robbery as required by law | State failed to prove Rose formed the necessary specific intent to Robbery | Trial court erred; insufficiency of evidence to prove specific intent |
Key Cases Cited
- Franqui v. State, 699 So. 2d 1312 (Fla.1997) (elements of attempted armed robbery; intent may be proved by conduct and circumstances)
- Thomas v. State, 349 So. 2d 743 (Fla.1st DCA 1977) (insufficient evidence of specific intent when informant's statements are inadmissible hearsay)
- Cooper v. Wainwright, 308 So. 2d 182 (Fla.4th DCA) (relevant standard for intent in attempted robbery)