Now, I know a lot of fake guns can look real, but if you are robbed by a person with a toy gun, and I don’t mean a BB gun, or a Pellet Gun, I mean a plastic toy gun or even a cap gun, then I think there should be no crime.  Now all Florida case law  agrees that a robbery with a toy gun cannot be considered an Armed Robbery, but that it still qualifies as a robbery, as long as the fake gun reasonably resembles a real gun.  But these days most plastic fake guns that even shoot Nerf darts tend to look real. And especially paintball guns. But I think if you allow yourself to be robbed by a toy gun, then it’s your own fault. I mean even some water pistols resemble real guns.  And the only person who can claim she was robbed by a water pistol and in fact even claim it was an Armed Robbery is the Wicked Witch of the West. Otherwise it’s just plain embarrassing. “So, let me get this straight you gave up your wallet to an eight-year old with a Nerf Gun?” “It looked really real, officer.”

Paul v. State, 421 So.2d 696(Fla. 2nd DCA 1982)

PER CURIAM.Appellant, while on probation for an earlier offense, allegedly committed two armed robberies, one of a Farm Store and a second of a furniture store.   While we find no error and therefore affirm the trial court’s revocation of probation, we remand the revocation order for certain corrections. At appellant’s revocation hearing, no evidence was presented to prove that appellant committed the robbery at the Farm Store.   Furthermore, the “weapon” used by appellant in the furniture robbery was a toy gun.   As such, it did not constitute, nor was it used as, a deadly weapon. Therefore, that portion of the order finding that appellant committed a robbery of the Farm Store should be stricken, and the “armed robbery” at the furniture store should be corrected to read “robbery.”   *697 Otherwise, we affirm the order and the judgment and sentence. OTT, C.J., and HOBSON and CAMPBELL, JJ., concur.



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