final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Dennis
J. Murphy, Judge. Lower Tribunal No. 14-26356
J. Martinez, Public Defender, and Jeffrey Paul DeSousa,
Assistant Public Defender, for appellant.
Jo Bondi, Attorney General, and Jacob Addicott and Jonathan
Tanoos, Assistant Attorneys General, for appellee.
SUAREZ, C.J., and EMAS and FERNANDEZ, JJ.
Steve Gordon appeals his judgment and sentence following a
jury trial and conviction for strongarm robbery. Gordon
contends that the trial court erred in denying his request
for a "compound offense" jury instruction, and a
verdict form which would have permitted the jury to select
more than one lesser-included offense on the verdict
form-specifically, either theft and assault, or theft and
battery. Appellant also requests that this court remand for
entry of a written order as to the lower court's oral
pronouncement finding Gordon competent to stand trial. As to
the first claim, we affirm, holding that there was no
evidence at trial to support a compound offense instruction
or a verdict form permitting the jury to find Gordon guilty
of more than one lesser-included offense. As to the second
claim, we remand for the trial court to enter a written
order, consistent with its oral pronouncement, finding Gordon
competent to stand trial.
December 26, 2014, the State charged Gordon by information
with one count of robbery pursuant to section 812.13(2)(c),
Florida Statutes (2014). The information alleged, in relevant
part, that Gordon
did unlawfully, by force, violence, assault, or putting in
fear, take certain property, to wit: U.S. coin or currency,
said property being the subject of larceny, and of the value
of less than one hundred dollars ($100.00), the property of
[victim], as owner or custodian, from the person or custody
of [victim], with the intent to temporarily or permanently
deprive the above-named [victim] of the said property, in
violation of s. 812.13(2)(c), Fla. Stat .....
relevant acts comprising the crime are not in dispute, as a
surveillance camera captured video of the entire encounter
between Gordon and the victim. Gordon also provided a
post-Miranda statement to police confessing to the
crime. However, the defense contended at trial that
Gordon's actions constituted two lesser-included offenses
(i.e., theft and assault or theft and battery), rather than
the robbery as charged.
trial, the female victim testified that Gordon approached her
at a gas station while she was getting gas. Gordon asked if
he could "borrow" two dollars for gas. During her
testimony, the State played the surveillance video to the
jury and, as the video played, the victim described the
[I] said sure. I had all my money in my back pocket. I'm
pulling it out and as I'm pulling it out, he's
walking up to me. I give him the $2. He sees that I have more
so he's like, oh, can I get a 10 instead. I said, no, you
can't, and then he snatched my money out of my hand and
tried to make a run for it. That's when I grabbed him by
his shirt. He starts pulling away and then he says, oh,
I'm just kidding, and smiles at me. And I'm like,
that's not funny. And then he starts to pull away again.
At some point he, like, pushes me off and slaps my glasses
off of my face. His shirt starts tearing down the middle so I
started yelling for help, because I didn't know how long
I could hold on to him.
victim testified that each time she tried to take back the
money Gordon had "snatched" from her, Gordon pulled
away and "that's when he tried to push me off and
ended up smacking my face and my glasses off." The State
also introduced photographs which showed a cut to the
victim's eyelid, an injury she sustained during her
encounter with Gordon.
the encounter, the victim yelled for help, and a Good
Samaritan approached and ordered Gordon "to get down on
the ground." Gordon started to comply and dropped the
money. Almost immediately, however, Gordon jumped up and ran
to his car. The Good Samaritan followed Gordon to the car,
where the two tussled, and Gordon struck the Good Samaritan
on the right side of his body. Gordon drove away and the Good
Samaritan followed in his own vehicle while contacting
police. Gordon was soon apprehended, waived his
Miranda rights and gave a statement to police. The
officer described Gordon's post-Miranda
[Gordon] said he was sitting his vehicle next to the gas pump
when he saw the victim arrive. When she got out of her
vehicle, he got out of his, and he approached her, asking her
for $2. The victim removed money from her right rear pocket,
at which time he said, can I get ten, and she said no. At
that point, he said that they began tussling. He went to grab
the money out of her hand and they began tussling for the
money. Once the victim began to scream, he says that he told
her, I'm just playing.
did not testify at the trial, call any witnesses, or
introduce any exhibits.
the charge conference, defense counsel requested that the
jury be instructed that robbery was a compound offense and
proposed a verdict form that would allow the jury to find
Gordon guilty of two lesser-included offenses-either theft
and battery, or theft and assault.
defendant's proposed jury ...