THE STATE OF FLORIDA, APPELLANT,
v.
LUIS AGUIAR, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
LUIS AGUIAR, APPELLEE
392 So. 2d 944
Florida District Court of Appeal, Third District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court held that a defendant not present at the scene of a burglary or robbery, which results in the killing of a human being, could not be charged with first degree felony murder even though he may have participated in the plan for the commission of the underlying felonies.
We agree under the law of this State as it exists today. See: Sections 775.021(1), 776.011, and 782.04, Florida Statutes (1975 and 1976 Supp.), and see: State v. Dixon, 283 So. 2d 1 (Fla.1973); Adams v. State, 341 So. 2d 765 (Fla.1976); Hite v. State, 346 So. 2d 771 (Fla.2d DCA 1978).
Therefore, the order of dismissal under review is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Aguiar, 418 So. 2d 245 (Fla. 1982)…ADKINS, Justice. We have for review a decision of the District Court of Appeal, Third District, (State v. Luis Aguiar, 392 So. 2d 944 (Fla.3d DCA 1980)), where the court held that a defendant not present at the scene of the burglary or robbery, which results in the killing of a human being, could not be charged with first-degree felony murder [*246] even though he may have partici…
Authorities Cited
- State v. Dixon, 283 So. 2d 1 (Fla. 1973)
- Adams v. State, 341 So. 2d 765 (Fla. 1976)