Goldsmith v. State, 573 So. 2d 445 (Fla. 2d DCA 1991). · Go Syfert
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Goldsmith v. State, 573 So. 2d 445 (Fla. 2d DCA 1991). Cases Citing This Book View Copy Cite
“the slight force used ... to remove the bill from hand is insufficient to constitute the crime of robbery.”
12 citation events (7 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Chisolm (flmd, 2015-10-29)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Chisolm
M.D. Fla. · 2015 · quote attribution · 1 verbatim quote · confidence high
the slight force used ... to remove the bill from hand is insufficient to constitute the crime of robbery.
discussed Cited "see" Robinson v. State
Fla. · 1997 · signal: see · confidence high
See Goldsmith v. State, 573 So.2d 445 (Fla. 2d DCA 1991)(snatching money from a person's hand did not involve force sufficient to elevate the offense from petit theft to robbery); A.J. v. State, 561 So.2d 1198 (Fla. 3d DCA 1990)(grabbing a camera from the victim's shoulder did not involve force sufficient to elevate the offense from petit theft to robbery); Walker, 546 So.2d at 1167 (snatching a gold chain from the victim's neck using only slight force necessary to take possession of the chain was theft rather than robbery); S.W., 513 So.2d at 1090-91 (stealthy taking of jewelry from a child d…
discussed Cited "see, e.g." United States v. Charlie Jenkins
11th Cir. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Goldsmith v. State, 573 So.2d 445, 445 (Fla. 2d Dist.Ct.App.1991); Adams v. State, 295 So.2d 114, 116 (Fla. 2d Dist.Ct.App.1974); see also Robinson, 692 So.2d at 887 (citing the Second District’s Goldsmith decision as one of the decisions in which Florida courts had “consistently recognized” that a mere snatching was theft rather than robbery).
discussed Cited "see, e.g." United States v. Gregory Welch
11th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Goldsmith v. State, 573 So.2d 445, 445 (Fla.2d Dist.Ct.App.1991) (holding that the "slight force used ... to remove the bill from [the victim’s] hand” was “insufficient to constitute the crime of robbery"); A.J. v. State, 561 So.2d 1198, 1198 (Fla.3d Dist.Ct.App.1990) (holding that "the degree of force used to [grab a camera hanging from the victim’s shoulder] was insufficient to constitute robbery”); Larkins v. State, 476 So.2d 1383, 1385 (Fla. 1st Dist.Ct.App.1985) (holding that "sufficient force was exercised to fulfill the requirements of the robbery statute” where t…
discussed Cited "see, e.g." Robinson v. State
Fla. Dist. Ct. App. · 1996 · signal: see also · confidence low
DCA 1985) (reaching into front of elderly woman’s dress and snatching her purse was insufficient to support robbery conviction where there was no evidence of force, violence, assault or putting in fear), review denied, 491 So.2d 281 (Fla.1986); see also Goldsmith v. State, 573 So.2d 445 (Fla. 2d DCA 1991) (slight force used in snatching ten dollar bill from person’s hand, without touching the person, was insufficient to constitute the crime of robbery); A.J. v. State, 561 So.2d 1198 (Fla. 3d DCA 1990) (degree of force used to grab camera hanging from victim’s, shoulder while sitting in o…
Retrieving the full opinion text from the archive…
Darrell Lavette GOLDSMITH, Appellant,
v.
STATE of Florida, Appellee.
90-00299.
District Court of Appeal of Florida, Second District.
Feb 1, 1991.
573 So. 2d 445
Patterson.
Cited by 9 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: M.D. Florida (1)

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

PATTERSON, Judge.

Goldsmith challenges his conviction for unarmed robbery on the basis that the taking was accomplished without the required force or violence to constitute a robbery. We agree and reverse.

On August 15, 1989, James Ward, a part-time Highlands County deputy sheriff, was working undercover as a drug buyer in Lake Placid. While attempting to negotiate a purchase of crack cocaine from Goldsmith, Goldsmith snatched a ten-dollar bill from Ward's hand and ran. Goldsmith did not touch Ward in the process of the theft. The slight force used by Goldsmith to remove the bill from Ward's hand is insufficient to constitute the crime of robbery. See S.W. v. State, 513 So.2d 1088 (Fla. 3d DCA 1987).

Reversed and remanded with directions to adjudicate Goldsmith guilty of petit theft.

SCHOONOVER, C.J., and PARKER, J., concur.