Florida Vs Colegio Case Study

Facts: Jose Colegio filled up his gas tank at a gas station and took off without making payment.

Issue: Florida vs. Colegio (Will robbery be an appropriate charge?)

Rule(s): Florida statues under title XLVI 812.13 Robbery - (1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

812.014 Theft.—

(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

(5)(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank of such motor

Prosecution could argue he travelled and entered the gas station premise with the intent to commit an offence and he did commit an offence by taking gas without payment and thus should be found guilty of burglary. However charging him with burglary will not stick as the premise in question (gas station) at the time was open to the public and it was noted that Jose Colegio had purchased a ticket and was enroute to the Orange Bowl game in Miami, Florida. So the intent of the travel was not to commit burglary. So burglary charge will not stick. Not