Supreme Court of Florida

Darryl Lewis Davis, Petitioner v. State of Florida, Respondent; Darryl Lewis Davis, Petitioner, v. State Of…

February 1, 2018235 So. 3d 320

Summary

The Florida Supreme Court affirmed the Fifth District Court of Appeal’s order reducing Darryl Lewis Davis’s robbery convictions from robbery with a deadly weapon to robbery with a weapon. It held that robbery with a deadly weapon is not a lesser‑included offense of robbery with a firearm and that the evidence of a BB‑gun replica supports a conviction for robbery with a weapon. The Court also affirmed its jurisdiction to resolve the conflict among district courts.