DAWN ANN SOBEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed first-degree murder conviction of aider and abettor despite principal's conviction for second-degree murder, holding that an aider and abettor can be convicted of a higher degree of murder than the principal when the aider and abettor is a principal in the first degree.
An aider and abettor who qualifies as a principal in the first degree under Florida law may be convicted of first-degree murder even if the actual shooter is convicted of second-degree murder.
[1] An aider and abettor who is a principal in the first degree under Florida Statute section 777.011 may be convicted of first-degree murder notwithstanding the principal pe…
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Join FLexlaw to unlock all legal intelligenceDawn Sobel and others were indicted for first-degree murder in the death of a police officer. Gombos, who fired the fatal shots while Sobel aided in a…
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OWEN, WILLIAM C., Jr., (Retired) Associate Judge.
Dawn Sobel and three others, including one Gombos, were indicted for first degree murder for the death of a police officer. The officer was killed as a result of shots fired by Gombos while he and Dawn Sobel were seeking to aid the escape of certain prisoners being guarded by the officer. Gombos was tried first and convicted of second degree murder. Thereafter, prior to the commencement of her trial, Sobel moved to have the first degree murder charge against her reduced to second degree murder on the basis that she was an aider and abettor and could be convicted of no higher offense than that for which Gom-bos had been convicted. That motion was denied. Sobel’s trial resulted in her being convicted of first degree murder, as well as the separate offense of aiding the escape of a prisoner. We affirm the respective judgments and sentences on the authority of Potts v. State, 403 So. 2d 443 (Fla. 2d DCA 1981) and de cline to follow Turner v. State, 369 So. 2d 670 (Fla. 1st DCA 1979), relied upon by appellant. Redondo v. State, 403 So. 2d 954 (Fla.1981), Palacio v. State, 402 So. 2d 500 (Fla. 3d DCA 1981) and Mahaun v. State, 377 So. 2d 1158 (Fla.1979), also cited by appellant, are inapposite, as each involves a principle of law unrelated to appellant’s status as a principal in the first degree under section 777.011 Fla.Stat. (1977).
Appellant has submitted for our consideration other points as well, but these are likewise without merit and do not require discussion.
AFFIRMED.
DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sobel v. State, 437 So. 2d 144 (Fla. 1983)…PER CURIAM. This cause is before us to review a decision of the District Court of Appeal, Fourth District, Sobel v. State, 410 So. 2d 556 (Fla. 4th DCA 1982). We granted review because of conflict with Turner v. State, 369 So. 2d 670 (Fla. 1st DCA 1979). We have jurisdiction, article V, section 3(b)(3), Florida Constitution. Dawn Sobel, John Gombos, and others were indicted for first…
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Eaton v. State, 410 So. 2d 933 (Fla. 4th DCA 1981)…s exposition of the correct rule found in Potts v. State, 403 So. 2d 443 (Fla. 2d DCA 1981). Accordingly, following Potts and our recent decision regarding another defendant in this same criminal episode, Sobel v. State, Case No. 80-653, Fla.App., 410 So. 2d 556, 1982, we grant the Motion for Rehearing, but we adhere to our original decision and opinion in these consolidated cases. GLICKSTEIN and DELL, JJ., concur.…
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Sobel v. State, 564 So. 2d 1110 (Fla. 4th DCA 1990)…ton, and Gombos fired a shotgun that killed one of the officers guarding Eaton. Gombos was convicted of second-degree murder, while Sobel was convicted of first-degree murder in a separate trial. That conviction was affirmed on appeal to this court, 410 So. 2d 556, and by the Supreme Court of Florida. Thereafter, Sobel instituted this proceeding for post-conviction relief, which, after an evidentiary hearing, resulted in a denial of the motion. Based upon the record presented, appointed counsel for Sobel has…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Redondo v. State, 403 So. 2d 954 (Fla. 1981)
- Mahaun v. State, 377 So. 2d 1158 (Fla. 1979)
- Wodford v. State (Fla. 1st DCA 2024)
- Potts v. State, 403 So. 2d 443 (Fla. 2d DCA 1981)
- Alvaro Palacio v. State, 402 So. 2d 500 (Fla. 3d DCA 1981)
- Borome v. Cont'l Emp. Benefit Ass'n, 369 So. 2d 670 (Fla. 2d DCA 1979)
- Turner v. State, 369 So. 2d 670 (Fla. 1st DCA 1979)