Smith v. State, 891 So. 2d 1133

PER CURIAM.

We affirm appellant‘s conviction of robbery by sudden snatching, but reverse the five year mandatory minimum condition of his ten year sentence under the Prison Releasee Reoffender Act. Section 775.082(9)(a)1g, Florida Statutes (2002) of the Act includes a robbery committed within three years after being released from prison, but does not refer to robbery by sudden snatching. There is a difference, in that robbery requires the use of force, violence, assault, or putting in fear, section 812.13, while robbery by sudden snatching does not. § 812.131(1). Brown v. State, 848 So.2d 361 (Fla. 4th DCA 2003) (robbery by sudden snatching is defined differently than robbery).

We have considered the remaining issues and find them to be without merit. We accordingly affirm the conviction but reverse the mandatory minimum Prison Releasee Reoffender sentence.

GUNTHER, KLEIN and MAY, JJ., concur.

Case Details

Case Name: Smith v. State

Court Name: District Court of Appeal of Florida

Date Published: Jan 12, 2005

Citations: 891 So. 2d 1133; 2005 WL 53241; 4D03-2237

Docket Number: 4D03-2237

Court Abbreviation: Fla. Dist. Ct. App.