VELEZ V. STATE

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Third District Court of Appeal State of Florida, July Term, A.D. 2009 Opinion filed November 12, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-859 Lower Tribunal No. 07-8691 ________________ Jose Velez, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge. Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Ansley B. Peacock, Assistant Attorney General, for appellee. Before WELLS, SHEPHERD, and CORTIÃ AS, JJ. PER CURIAM. Affirmed. Jones v. State, 652 So. 2d 346, 349 (Fla. 1995) ( [A] taking of property that otherwise would be considered a theft constitutes robbery when in the course of the taking either force, violence, assault, or putting in fear is used. ) 2

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