Mims v. State, 342 So. 2d 116 (Fla. 3d DCA 1977). · Go Syfert
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Mims v. State, 342 So. 2d 116 (Fla. 3d DCA 1977). Cases Citing This Book View Copy Cite
17 citation events (3 in the last 25 years) across 4 distinct courts.
Strongest positive: Robinson v. State (fla, 1997-04-24)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Robinson v. State
Fla. · 1997 · confidence medium
See S.W., 513 So.2d at 1091 -92 (quoting R.P. v. State, 478 So.2d 1106 (Fla. 3d DCA 1985), review denied, 491 So.2d 281 (Fla. 1986); Mims v. State, 342 So.2d 116, 117 (Fla. 3d DCA 1977); Adams v. State, 295 So.2d 114, 116 (Fla. 2d DCA), cert. denied, 305 So.2d 200 (Fla.1974); Wayne R.
discussed Cited as authority (rule) SW v. State
Fla. Dist. Ct. App. · 1987 · confidence medium
"Although purse snatching is not robbery if no more force or violence is used than is necessary to physically remove the property from a person who does not resist, if the victim does resist in any degree and this resistance is overcome by the physical force of the perpetrator, the crime of robbery is complete." Mims v. State, 342 So.2d 116, 117 (Fla. 3d DCA 1977).
discussed Cited as authority (rule) S.W. v. State
Fla. Dist. Ct. App. · 1987 · confidence medium
“Although purse snatching is not robbery if no more force or violence is used than is necessary to physically remove the property from a person who does not resist, if the victim does resist in any degree and this resistance is overcome by the physical force of the perpetrator, the crime of robbery is complete.” Mims v. State, 342 So.2d 116, 117 (Fla. 3d DCA 1977).
cited Cited "see" United States v. David Geozos
9th Cir. · 2017 · signal: see · confidence high
See Mims v. State, 342 So.2d 116, 117 (Fla. Dist.
discussed Cited "see" Sanders v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Mims v. State, 342 So.2d 116, 117 (Fla. 3d DCA 1977) (“Although purse snatching is not robbery if no more force or violence is used than necessary to physically remove the property from a person who does not resist, if the' victim does resist in any degree and this resistance is overcome by the physical force of the perpetrator, the crime of robbery is complete”).
discussed Cited "see, e.g." United States v. Michael Lee (2×)
11th Cir. · 2018 · signal: see also · confidence medium
See also Mims v. State, 342 So. 2d 116, 117 (Fla. 3d DCA 1977); E.Y. v. State, 390 So. 2d 776, 779 (Fla. 3d DCA 1980); S.W. v. State, 513 So. 2d 1088, 1091 (Fla. 3d DCA 1987); Sanders v. State, 769 So. 2d 506, 507 (Fla. 5th DCA 2000).
Retrieving the full opinion text from the archive…
Nera MIMS, Appellant,
v.
The STATE of Florida, Appellee.
76-449.
District Court of Appeal of Florida, Third District.
Feb 8, 1977.
342 So. 2d 116
Hendry, C.J., and Pearson and Haverfield.
Cited by 13 opinions  |  Published

[*117] Pollack, Tunkey, Robbins & Leen, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty Gen., for appellee.

Before HENDRY, C.J., and PEARSON and HAVERFIELD, JJ.

PER CURIAM.

Nera Mims seeks reversal of her conviction for robbery and sentence to 15 years in the state penitentiary.

The victim, Ms. Fuller, was forced into a car by Mims and driven to a deserted area where Mims grabbed Ms. Fuller's pocketbook. Upon resisting, Ms. Fuller was beaten and pushed out of the car.

For her first point on appeal, Mims argues that the evidence was insufficient to support a conviction of robbery because the larceny took place sufficiently previous to the assault and battery to remove the incident from the penumbra of a robbery charge.

Although purse snatching is not robbery if no more force or violence is used than necessary to physically remove the property from a person who does not resist, if the victim does resist in any degree and this resistance is overcome by the physical force of the perpetrator, the crime of robbery is complete. Adams v. State, 295 So.2d 114, 116 (Fla. 2d DCA 1974). Thus, this point lacks merit.

Mims secondly contends the court erred in refusing to instruct the jury on the crime of assault and battery. We cannot agree.

The information charged a single offense of robbery and in the absence of any allegation contained therein that Mims struck the victim, the trial judge was eminently correct in refusing to instruct the jury on the crime of assault and battery as a lesser included offense of robbery. See State v. Wilson, 276 So.2d 45 (Fla. 1973); Stephens v. State, 279 So.2d 331 (Fla. 2d DCA 1973).

Affirmed.