Page:Denard Stokeling v. United States.pdf/32

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Cite as: 586 U. S. ___ (2019)

17

Sotomayor, J., dissenting

aggravated robbery statutes. The majority offers the single example of Florida aggravated robbery, noting that “Florida requires the same element of ‘force’ for both armed robbery and basic robbery.” Ibid. But while the majority accurately describes Florida law, there is scant reason to believe that a great many other States’ statutes would be similarly affected, because the effect that hewing to Johnson would have on Florida aggravated robbery stems from the idiosyncrasy that Florida aggravated robbery requires neither displaying a weapon nor threatening or inflicting bodily injury.^[1] The result for Florida aggravated robbery therefore sheds little light on what would happen to other aggravated-robbery statutes, the vast majority of which do (and did at the time of the ACCA’s enactment) appear to provide for convictions on such grounds—and whose validity as ACCA predicates would not necessarily turn on the question the Court faces today.^[2] The majority mistakes one anomalous result for a
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↑ Specifically, hewing to a proper reading of Johnson would also affect Florida’s aggravated robbery statute because the crime’s only element involving force is the one that it shares with Florida simple robbery. See Fla. Stat. §812.13(1). In Florida, robbery becomes aggravated if the defendant “carrie[s]” a weapon, see §812.13(2), but that means that the crime sweeps in offenders who never brandished, used, or otherwise intimated that they were armed, see, e. g., State v. Burris, 875 So. 2d 408, 413 (Fla. 2004), and therefore prevents the crime from necessarily involving the “threatened use of physical force,” see 18 U. S. C. §924(e)(2)(B)(i). See also Tr. of Oral Arg. 4 (explaining this point).
↑ See, e. g., Ala. Code §13A–8–41(a)(2) (2015); Alaska Stat. §§11.41.500(a)(2)–(3) (2016); Ariz. Rev. Stat. Ann. §13–1904(A)(2) (2018); Ark. Code Ann. §§5–12–103(a)(2)–(3) (2013); Cal. Penal Code Ann. §§12022.53, 12022.7 (West 2018 Cum. Supp.); Colo. Rev. Stat. Ann. §18–4–302(1)(b) (2018); Conn. Gen. Stat. §§53a–134(a)(1), (3) (2017); Del. Code Ann., Tit. 11, §§832(a)(1)–(3) (2015); Ga. Code Ann. §16–8–41(a) (2018); Haw. Rev. Stat. §§708–840(1)(a), (b)(ii) (2014); Ill. Comp. Stat., ch. 720, §§5/18–1(b)(1), 5/18–2(a)(3)–(4) (2018 Cum. Supp.); Ind. Code §35–42–5–1 (2018 Cum. Supp.); Kan. Stat. Ann. §21–5420(b)(2) (Supp. 2017); Ky. Rev. Stat. Ann. §§515.020(1)(a), (c) (Lexis 2014); La. Rev. Stat. Ann. §§14:64.1(A), 64.3, 64.4(A)(1) (West 2016);

[1] Specifically, hewing to a proper reading of Johnson would also affect Florida’s aggravated robbery statute because the crime’s only element involving force is the one that it shares with Florida simple robbery. See Fla. Stat. §812.13(1). In Florida, robbery becomes aggravated if the defendant “carrie[s]” a weapon, see §812.13(2), but that means that the crime sweeps in offenders who never brandished, used, or otherwise intimated that they were armed, see, e. g., State v. Burris, 875 So. 2d 408, 413 (Fla. 2004), and therefore prevents the crime from necessarily involving the “threatened use of physical force,” see 18 U. S. C. §924(e)(2)(B)(i). See also Tr. of Oral Arg. 4 (explaining this point).

[Sotomayor6-2] See, e. g., Ala. Code §13A–8–41(a)(2) (2015); Alaska Stat. §§11.41.500(a)(2)–(3) (2016); Ariz. Rev. Stat. Ann. §13–1904(A)(2) (2018); Ark. Code Ann. §§5–12–103(a)(2)–(3) (2013); Cal. Penal Code Ann. §§12022.53, 12022.7 (West 2018 Cum. Supp.); Colo. Rev. Stat. Ann. §18–4–302(1)(b) (2018); Conn. Gen. Stat. §§53a–134(a)(1), (3) (2017); Del. Code Ann., Tit. 11, §§832(a)(1)–(3) (2015); Ga. Code Ann. §16–8–41(a) (2018); Haw. Rev. Stat. §§708–840(1)(a), (b)(ii) (2014); Ill. Comp. Stat., ch. 720, §§5/18–1(b)(1), 5/18–2(a)(3)–(4) (2018 Cum. Supp.); Ind. Code §35–42–5–1 (2018 Cum. Supp.); Kan. Stat. Ann. §21–5420(b)(2) (Supp. 2017); Ky. Rev. Stat. Ann. §§515.020(1)(a), (c) (Lexis 2014); La. Rev. Stat. Ann. §§14:64.1(A), 64.3, 64.4(A)(1) (West 2016);

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