LAWRENCE CARL WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was convicted of robbery and felony murder in the second degree. On appeal this court reversed the judgment of guilt for second degree murder on the basis that the victim of the murder was one of the coperpetrators of the underlying felony. Wright v. State, 344 So. 2d 1334 (Fla.2d DCA 1977). Upon petition for certiorari, the supreme court concluded that the second degree felony murder statute does not preclude prosecution where the victim was a coperpetrator of the underlying felony. The supreme court therefore quashed that portion of our decision which reversed the. judgment of guilt for second degree murder and remanded with instructions to affirm that judgment and sentence and reconsider the judgment and sentence for robbery. State v. Wright, 379 So. 2d 96 (Fla.1979), rehearing denied, Feb. 14, 1980.
Accordingly, the judgment and sentence for second degree murder is hereby affirmed. However, since the robbery was the underlying felony for the second degree murder conviction, we hereby vacate the judgment and sentence for robbery pursuant to the authority of State v. Pinder, 375 So. 2d 836 (Fla.1979).
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
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State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)…J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur. . Hegstrom v. State, 388 So. 2d 1308 (Fla. 3d DCA 1980). . King v. State, 390 So. 2d 315 (Fla.1980), cert. denied, - U.S. -, 101 S.Ct. 1529, 67 L.Ed.2d 825 (1981); Wright v. State, 380 So. 2d 550 (Fla. 2d DCA 1980). Our jurisdiction is predicated on article V, section 3(b)(3), Florida Constitution. . Hegstrom was charged with first-degree murder, committed either with premeditation or in the perpetration of a robbery. The district court fou…
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Damon v. State, 397 So. 2d 1224 (Fla. 3d DCA 1981)…1980) (first-degree felony burglary-sexual battery); State v. Kirkland, 384 So. 2d 1328 (Fla.3d DCA 1980) (first degree felony murder-robbery); Taylor v. State, 386 So. 2d 825 (Fla.3d DCA 1980) (first degree felony murder-robbery); Wright v. State, 380 So. 2d 550 (Fla.2d DCA 1980) (second degree felony murder-robbery). . The later-decided United States Supreme Court cases of Albernaz v. United States, supra, and Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980) have cast considera…
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Hegstrom v. State, 388 So. 2d 1308 (Fla. 3d DCA 1980)…or robbery, the fel- [*1310] ony which served as the basis for the felony murder conviction. Mahaun v. State, 377 So. 2d 1158 (Fla.1979); State v. Pinder, 375 So. 2d 836 (Fla.1979); Taylor v. State, 386 So. 2d 825 (Fla.3d DCA 1980); Wright v. State, 380 So. 2d 550 (Fla. 2dDCA 1980); Harkins v. State, 380 So. 2d 524 (Fla. 5thDCA 1980). See also McRae v. State, 383 So. 2d 289 (Fla. 2dDCA 1980). Affirmed in part; reversed in part. . The trial court’s response to the jury, through reinstruction, is the subject…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Pinder, 375 So. 2d 836 (Fla. 1979)
- State v. Wright, 379 So. 2d 96 (Fla. 1979)
- Wright v. State, 344 So. 2d 1334 (Fla. 2d DCA 1977)