State v. Baker

In State v. Baker, 540 So. 2d 847 (Fla. 3d DCA 1989), the defendant shoplifted merchandise from a store in a shopping mall. Id. at 848. "Upon noticing the guards approaching him, the defendant put down the merchandise and began to run. The guards stopped the defendant, who put up a struggle, shouting that he be left alone and that he had a gun. At no time during the struggle did the defendant attempt to grab the abandoned merchandise and run; it remained on the floor." Id. Based on these facts, the Third District held that the defendant did not commit robbery as a matter of law because he "took the property without any use of force and abandoned the property before he used force to flee from the security guards." Id.