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Robbery With a Weapon

Posted by John P. Rutkowski | Feb 09, 2018 | 0 Comments

Robbery with weapon -- Trial court erred in denying motion for judgment of acquittal on charge of robbery with weapon, which was based on defendant's use of double-barrel of shotgun that had been detached from receiver, stock, and firing mechanism, where state failed to present competent, substantial evidence that defendant actually used the barrel in a way that was likely to cause death or great bodily injury -- Remand with instructions to enter judgment and resentence defendant on lesser included offense of simply robbery.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.


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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.