The 2023 Florida Statutes (including Special Session C)
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. . . . § 812.13(1), constituted a predicate offense under that clause. See Stokeling , 139 S. . . . Stat. § 812.13(1) (defining Florida robbery as "the taking of money or other property ... from the person . . .
. . . . § 812.13(1). . . .
. . . See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). . . .
. . . . § 812.13(1) (1995). . . . Stat. § 812.13(1), (3)(b) ; see Thomas v. State, 36 So. 3d 853, 854, 856 & n.3 (Fla. Dist. Ct. . . .
. . . Appellant was convicted of the lesser included offense of robbery with a mask, pursuant to section 812.13 . . . (2)(c), Florida Statutes (2017), but the judgment and sentence erroneously cites to section 812.13(2) . . .
. . . habitual felony offender subject to a thirty-year maximum sentence for robbery without a weapon, see §§ 812.13 . . .
. . . . § 812.13(1) ). . . .
. . . was convicted of robbery with a firearm, a first-degree felony punishable by life in prison, see § 812.13 . . .
. . . See § 812.13(2)(a), Fla. Stat. (2009). . . .
. . . In pertinent part, the State charged Agenor with three counts of robbery with a deadly weapon, see § 812.13 . . . Stat. (2015) ; one count of attempted robbery with a deadly weapon, see §§ 812.13, 777.04, Fla. . . .
. . . See §§ 775.084(4)(c)(1), 812.13(2)(b), Fla. Stat. (1997) ; Davis v. . . .
. . . Statutes and robbery with a firearm of the victim's purse and its contents in violation of subsections 812.13 . . .
. . . . § 812.13(2)(b), Fla. Stat. (2015). . . .
. . . . § 812.13(2)(b). This provision enhances a robbery defined in § 812.13(1). . . . Because an armed robbery conviction requires at least as much force as simple robbery under § 812.13( . . . Stat. § 812.13(1) qualifies under the force clause). . . .
. . . the Court considered the question of whether the Florida offense of robbery, as codified in section 812.13 . . . Section 812.13(1) defines "robbery" as "the taking of money or other property ... from the person or . . .
. . . . § 812.13(1) (1995). . . . Stat. § 812.13(2)(a) (distinguishing armed robbery from robbery by requiring the additional element of . . . Stat. § 812.13(1). . . . Stat. § 812.13(1) (2017). . . . Stat. § 812.13(1). . . .
. . . . § 812.13(2)(a), Fla. Stat. (2016). On remand, these scrivener's errors shall be corrected. . . .
. . . APPENDIX 15.1 ROBBERY § 812.13, Fla. Stat. . . . Give only if applicable. § 812.13(3)(a), Fla. Stat. . . . With a firearm. § 812.13(2)(a), Fla. Stat. . . . With other weapon. § 812.13(2)(b), Fla. Stat. . . . Robbery with a 812.13(2)(b) 15.1 weapon Robbery 812.13(2)(c) 15.1 Petit theft - second 812.014(3)(a) . . .
. . . includes the elements of a charge of petit theft in that in proving a charge of robbery under section 812.13 . . .
. . . . § 812.13. . . .
. . . See § 812.13(2)(a), Fla. Stat. (2014). . . .
. . . See §§ 812.13(2)(a) & 810.02(2)(a)&(b), Fla. Stat. . . .
. . . . § 812.13(1) ("from the person or custody of another"); Ga. . . .
. . . . §§ 812.13(2)(a), 812.133(2)(a), Fla. Stats. (1997). . . .
. . . Hargrett was charged with robbery under section 812.13(1), Florida Statutes (2010). . . . See § 812.13(3)(b). . . .
. . . . § 812.13(2)(b), Fla. Stat. (2015). . . .
. . . Section 812.13(1), Florida Statutes, defines robbery as follows: "Robbery" means the taking of money . . . Section 812.13(2)(a) adds an element for armed robbery: "If in the course of committing the robbery the . . .
. . . . § 812.13, satisfies the ACCA's elements clause. . . .
. . . Section 812.13, Florida Statutes (2012), states: (1) "Robbery" means the taking of money or other property . . .
. . . . § 812.13, Fla. Stat. (2015). He raises two issues on appeal. . . .
. . . While armed robbery is a first-degree felony, see section 812.13(2)(a), Fla. . . .
. . . . § 812.13(1). . . . See § 812.13(1). . . .
. . . Stat. §§ 812.13(1), (2)(c), & 774.04. . . . Stat. § 812.13(1). . . . Id. § 812.13(2)(c). . . . Stat. § 812.13(1) ). . . . Stat. § 812.13(1). Id. The Lockley Court further noted that Florida's attempt statute in Fla. . . .
. . . The State charged Browne with robbery with a weapon in violation of section 812.13(2)(b), Florida Statutes . . . Section 812.13(2) prohibits three types of robbery: simple robbery, robbery with a weapon, and robbery . . . Robbery with a weapon is a first-degree felony under section 812.13(2)(b). . . . a firearm or a "deadly weapon" is a first-degree felony punishable by life in prison under section 812.13 . . . While Dale may cast doubt on the use of chapter 790 to define a "weapon" under section 812.13(2), we . . .
. . . both of Davis’s cases, the State charged Davis with robbery with a firearm in violation of section 812.13 . . .
. . . . § 812.13. . . . But under Geozos, which was decided after the district court ruled, convictions under § 812.13 do not . . .
. . . to a -pre-John-son memorandum disposition in the same case, that a robbery conviction under section 812.13 . . .
. . . robbery with a firearm, but in the body, it did not allege the use of a firearm and it cited only section 812.13 . . .
. . . . § 812.13, Fla. Stat. (2012). . . . that "in the course of the taking there is the use of force, violence, assault, or putting in fear." § 812.13 . . . assault or putting in fear] and the act of taking constitute a continuous series of acts or events." § 812.13 . . .
. . . based on the taking of property "by force, violence, assault or putting in fear ... in violation of 812.13 . . . These are the elements of a simple robbery, a second-degree felony under section 812.13(2)(c), Florida . . . An armed robbery is committed, under section 812.13(2)(a), Florida Statutes (1977): "If in the course . . .
. . . . § 812.13(1), (2)(a) (1987). . . .
. . . . § 812.13 (1974), was not a “violent felony,” 18 U.S.C. § 924(e)(2)(B). . . . Stat. § 812.13, qualifies categorically as a violent felony under the elements clause of the Act. . . . Stat. § 812.13(1) (1974); id. § 812.13(1) (1987); see also Seabrooks, 839 F.3d at 1339 (“the robbery . . .
. . . that a BB or pellet gun can be a deadly weapon for the purposes of the crime of robbery under section 812.13 . . .
. . . . § 924(e)(2)(B)(ii); and (2) Florida armed robbery, Florida Statutes § 812.13(2), was not a crime of . . . Stat. § 812.13(1), (2)(a). . . . See id § 812.13(2)(a). . . . In Lockley, this Court concluded that Florida robbery, under Florida Statutes § 812.13(1), qualifies . . . Additionally, this Court has repeatedly held that Florida armed robbery, under § 812.13(2), qualifies . . .
. . . . § 812.13. See United States v. Welch, 683 F.3d 1304, 1311 & n.29 (11th Cir. 2012) (citing cases). . . . In 1997, the Florida Supreme Court held mere snatching of property did not amount to robbery under § 812.13 . . .
. . . . § 812.13(1) (1981). . . . Id. § 812.13(2)(a). The district court denied Repress’s claim based on United States v. . . . Stat. § 812.13(1), (2)(a)(1974). . . .
. . . . § 812.13 (2)(b), Fla. Stat. (2010). . . . Appellee was charged with a violation of section 812.13(2)(b), Florida Statutes, which provides that . . . deadly weapon, or other weapon is used during a robbery, then the offense is a second-degree felony. § 812.13 . . .
. . . was expressly limited to whether an automobile could be “carried” “as a deadly weapon under section 812.13 . . .
. . . reversal and remand because, in light of his convictions for Florida robbery pursuant to Florida Statute § 812.13 . . .
. . . . § 812.13. See United States v. . . . 1997, the Florida Supreme Court held that mere snatching of property did not amount to robbery under § 812.13 . . . convict a defendant of Florida robbery, we pointed out that the Robinson court had made clear that the § 812.13 . . . only and did not involve the degree of physical force needed to sustain a robbery conviction under § 812.13 . . .
. . . In January 1981, Defendant was convicted of armed robbery in violation of section 812.13(2)(a) of the . . . In June of that same year, he was convicted of robbery in violation of section 812.13 of the Florida . . . Stat. § 812.13(1) (1979)). . . . Stat. § 812.13(2)(a) (1981). . . . The Florida casélaw makes it clear that one can violate section 812.13 without using violent force. . . .
. . . . § 812.13(2)(a), Fla. Stat. (2012). . § 316.1935(1), Fla. . . .
. . . . § 812.13 categorically qualifies as a “violent felony” under the ACCA’s elements clause), cert. denied . . . Stat. § 812.13 categorically qualifies as a “violent felony” under the ACCA), cert. denied, No. 16-8072 . . .
. . . . § 812.13(1): “Robbery” means the taking of money or other property which may be the subject of larceny . . .
. . . Stat. 812.13(1), is a “crime of violence” under section 4B1.2(a)). IV. . . .
. . . Stat. (2016); § 812.13(2)(a), Fla. Stat. (2016). . . .
. . . . § 812.13(1). In United States v. . . . Analyzing the least culpable of the acts in § 812.13(1), we stressed that “putting in fear” involves . . .
. . . . § 812.13(1), is a predicate offense for the career-offender enhancement. . . .
. . . . § 812.13(2)(c), for robbing the Southeastern Bank in Nassau County, Florida, on December 8, 2006. ■ . . .
. . . . § 812.13(2)(a), Fla. Stat. (2014). . . . .
. . . December 26, 2014, the State charged Gordon by information with one count of robbery pursuant to section 812.13 . . . temporarily or permanently deprive the above-named [victim] of the said' property, in violation of s. 812.13 . . . See §-812.13(3)(b); Rodriguez v. . . . of the property and if it and the act of taking constitute a continuous series of acts or events. § 812.13 . . .
. . . . § 812.13. . . . convict a defendant of Florida robbery, we pointed out that the Robinson Court had made clear that the § 812.13 . . . snatching was theft only and did not involve the force needed to sustain a robbery conviction under § 812.13 . . .
. . . . § 812.13, it concluded that the defendant “pleaded guilty to robbery at a time when mere snatching . . .
. . . . § 812.13(1)) and aggravated assault (Fla. . . . Lockley, 632 F.3d 1238, 1240-46 (11th Cir. 2011) (robbery conviction under § 812.13(1) qualifies as crime . . .
. . . . § 812.13(1). . . . However, the Eleventh Circuit has concluded that a Florida robbery conviction under § 812.13(1) categorically . . . The court explained that § 812.13(1) requires either the use of force or violence, the threat of imminent . . . Thus, the Eleventh Circuit held that a conviction under § 812.13(1) categorically qualified as a predicate . . .
. . . . § 812.13 qualifies as a violent felony as that term is defined by the elements clause of the Armed . . . Stat. § 812.13 changed in 1997. . . . In looking to the version of § 812.13 under which Mr. . . . force” could support a § 812.13 conviction from 1976 to 1997. . . . But here our interest is not in divining the true meaning of § 812.13. . . . . § 812.13, from before Florida passed a “robbery by sudden snatching” statute in 1999, Fla. . . . Stat. § 812.13. . . . Our precedents rely on the shared force element in section 812.13(1) and do not mention the additional . . . requirements for armed robbery in section 812.13(2). . . . Stat. § 812.13, which requires “resistance by the victim that is overcome by the physical force of the . . .
. . . . § 812.13(1), (2)(a), Fla. Stat. (2004); § 777.04(1), Fla. Stat. (2004). . . .
. . . State, 403 So.2d 593, 594 (Fla. 1st DCA 1981); see also §§ 775.082(3)(d), 777.04(4)(c), 812.13(2)(a), . . .
. . . . § 812.13(1), fail to qualify as predicate convictions for the purposes of the enhancement. . . . Stat. § 812.13(1). We have held that Florida robbery under Fla. . . . . § 812.13 was the equivalent of the generic form of robbery and therefore it constituted a crime of . . . Stat. § 812.13(1), the district court properly concluded, consistent with Lockley, that those prior convictions . . .
. . . information that Martinez “carried” the firearm during the commission of the offense in violation of section 812.13 . . . f in the course of committing the robbery the offender carried a firearm or other deadly weapon." § 812.13 . . .
. . . . § 812.13(1) is a violent felony under the ACCA’s elements clause, had been abrogated by Descamps v. . . . Stat. § 812.13. . . . Stat. § 812.13(1). . . . Id. § 812.13(2)(b). . . . We applied the categorical approach and identified the least culpable conduct prohibited by § 812.13 . . .
. . . Fritts, 841 F.3d 937 (11th Cir. 2016), that a “Florida armed robbery conviction under [section] 812.13 . . .
. . . . § 812.13(2)(c), categorically qualified as a “violent felony” under the ACCA. . . . Stat. § 812.13(1). . . . In Lockley, this Court concluded that a robbery conviction under § 812.13(1) categorically qualifies . . . Id, Thus, a conviction under § 812.13(1) “categorically qualifies under the elements clause.” . . . Stat. § 812.13(1) categorically qualified as a violent felony under the ACCA. . . .
. . . . § 812.13. . . . Stat. § 812.13(2)(a). . . . Stat. § 812.13(2)(a) qualified as a crime involving moral turpitude. . . . Stat. § 812.13(2)(a). . . . Stat. § 812.13(2)(a) involves moral turpitude. . . .
. . . See § 812.13(2)(a), Fla. Stat. (1990). . . . A robbery offense under s. 812.13, s. 812.131, or s. 812.135. 7. Carjacking under s. 812.133. 8. . . .
. . . See § 812.13(2)(a), Fla. Stat. (2013). . . .
. . . See § 812.13(1), (2)(a), Fla. Stat. (2009). . . .
. . . . § 812.13 mirror almost exactly the generic definition of robbery. Id. at 1243. . . . Stat. § 812.13(1) requires that the defendant (1) commit the taking of money or other property from another . . . Stat. § 812.13(1) to the generic definition, we held that they are clear equivalents. Id. . . .
. . . A robbery offense undér s. 812.13, s. 812.131, or s. 812.135. 7. Carjacking under s. 812.133. 8. . . .
. . . Florida Statutes §§ 784.021, 784.045; (2) robbery with a firearm, in violation of Florida Statutes § 812.13 . . . Stat. § 812.13(1), (2)(a) (1987) (emphasis added). . . . Stat. § 812.13(1); Lockley, 632 F.3d at 1240 (“We ... disregard the facts of the underlying conviction . . . In fact, in Robinson the Florida Supreme Court made clear that the § 812.13 robbery statute has never . . . Stat. § 812.13(1)(1993). . . . .
. . . . § 812.13 required the use, attempted use, or threatened use of “violent force,” Curtis Johnson v. . . . Lockley considered whether a 2001 Florida attempted robbery conviction under § 812.13(1) counts as a . . . Another problem with relying on Robinson for the proposition that § 812.13 has never included sudden . . . In looking to the version of § 812.13 under which Mr. . . . But here our interest is not about divining the true meaning of § 812.13. . . . Stat. § 812.13 (1995) (emphasis added). . . . Id. § 812.13(1). . . . . § 812.13(2)(c). . . . Id. § 812.13(2)(a). . . . Stat. § 812.13(1). . . .
. . . Lockley, 632 F.3d 1238 (11th Cir. 2011), that a robbery under Florida Statute § 812.13(1) met ACCA’s . . . Before 2000, a defendant could commit robbery under § 812.13(1) either by use of force or by “sudden . . . Lockley analyzed this later scheme and held that this new version of § 812.13(1) met United States Sentencing . . .
. . . . § 812.13 (1995). . . . Ordinary robbery under § 812.13(1) does not involve a firearm and is a second-degree felony. . . . Armed robbery under § 812.13(1) and (2)(a) involves a firearm and is a felony in the first degree. . . .
. . . The PSI Addendum explained that the carrying of a weapon is not an element of a § 812.13(1) offense, . . . Stat. § 812.13(2)(c) (making a violation of § 812.13(1) a second degree felony if the defendant “carried . . . Stat. § 812.13(1) (emphasis added). . . . Id. § 812.13(2)(e); Selkirk v. State, 815 So.2d 758 (Fla. 4th Dist.Ct.App.2002). . . . As to the enumerated offenses clause, the Lock-ley Court determined that the commission of a § 812.13 . . .
. . . . § 812.13(1), categorically qualifies as a crime of violence for the purposes of the analogous career-offender . . .
. . . . § 812.13(1) (1994). . . .
. . . He argues that his fifty-year prison sentence for robbery with a weapon in' violation of section 812.13 . . . first-degree' felony and,' generally, the maximum sentence permitted by [sections 775.082(3)(b) and 812.13 . . .
. . . Robbery with a deadly weapon is a first degree felony punishable by life imprisonment, § 812.13(2)(a) . . .
. . . . § 812.13; United States v. Lockley, 632 F.3d 1238, 1242-43 (11th Cir.2011); United States v. . . .
. . . Grant was charged with attempted armed robbery with a firearm pursuant to section 812.13(2)(a), Florida . . .
. . . . §§ 787.01(2), 810.02(2), 812.13(2)(a), Fla. Stat. (1990). Woodberry was convicted as a principal. . . .
. . . for a new- hearing to be conducted in accordance with the sentencing guidelines set forth in section 812.13 . . . a three-time violent felony offender, but nevertheless, stated that, given the language of section 812.13 . . . discretion to sentence Revenel either to the minimum mandatory term of thirty years (as provided in section 812.13 . . . convicted of armed robbery with a deadly weapon or firearm, a first-degree felony pursuant to section 812.13 . . . imprisonment for a term of years not exceeding life imprisonment or as provided in ... s.775.084.” § 812.13 . . .
. . . . § 812.13(1), (2)(A), and the three prior convictions listed in his. indictment for the attempted murder . . .
. . . . § 812.13(2)(a), Fla! Stat. (1995). . . .
. . . McPherson was convicted of robbery with a firearm as a principal in violation of section 812.13(2)(a) . . . See § 812.13(2)(a); Poiteer v. . . .