JOHN TURNER AND EVANS MARTIN, APPELLANTS,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• State v. Booker, 529 So. 2d 1239 (Fla. 1st DCA 1988)
  …with the co-defendant or was simply an innocent bystander. For appellant to be convicted as an aider and abettor, he must not only have assisted the actual perpetrator, but he must also have intended to participate in the crime. See Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983). The issue of a defendant’s intent is not resolvable by a motion to dismiss. See State v. Milton, 488 So. 2d 878 (Fla. 1st DCA), cert. denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (1986), quoting State v. Hricik, 445 So.…
• Howard v. State, 473 So. 2d 841 (Fla. 1st DCA 1985)
  …) assisted the actual perpetrator by doing or saying something that causes, encourages, assists or incites the perpetrator to actually commit the crime; and (2) intent on the part of the aider or abettor to participate in the crime. Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983). While it is true that neither mere presence or knowledge that an offense is being committed can be construed as participation in the crime, in the instant case, the appellant not only facilitated but also incited or induced th…
• Harris v. State, 501 So. 2d 735 (Fla. 3d DCA 1987)
  …t the cocaine was [*736] being transported in the truck by one of his companions,1 knowledge that an offense is being committed is not the functional equivalent of being a participant in the crime with the requisite criminal intent. Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983). It is likewise firmly established that mere presence at the scene of the crime is not sufficient to prove one’s participation in it. Horton v. State, 442 So. 2d 1064. Thus, there being no evidence that the defendant participated…

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Authorities Cited

• Powers v. State, 422 So. 2d 981 (Fla. 1st DCA 1982)
• Lynn v. State, 436 So. 2d 416 (Fla. 1st DCA 1983)