When is a Robbery Not a Robbery in Florida
Birdsong’s Barry criminal law students might remember that Judge Eaton from Seminole County visited our class the first week of school. Judge Eaton, along with his former law Clerk, Stefanie Ciesco, have written a very timely article that all my criminal law students should read while we discuss theft and robbery. The question the Judge addresses sometimes comes up on bar exams!
When is a Robbery Not a Robbery?
Arguing Compound Offenses and Permissible Lesser Included Offenses
By
Judge O. H. Eaton, Jr., and Stefanie C. Ciesco
Typically, the only defense to a charge of robbery is mistaken identity. However, there may be another defense if the taking of the property that is the subject of the larceny was completed before the use of force, violence, assault, or putting in fear occurred. This defense may apply in many cases involving a “shoplifting with a push.”
In Stuckey v. State,[1] store employees of Sam’s Club observed the defendant concealing DVDs in the waistband of his pants. He was confronted by the employees after he walked past the cash registers and past the
