SAMUEL LAMPLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL LAMPLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
540 So. 2d 130
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The defendant and his co-defendant, Frederick Webster, were tried separately, and they appealed separately, using different counsel. Although the two appeals were heard by separate panels, both cases involve the critical common issue of whether second degree felony murder may properly lie. The decision of this issue in Webster v. State, 540 So. 2d 124, which is also filed today, applies here as well.
Accordingly, we reverse the defendant’s conviction for second degree felony murder for the reasons discussed in Webster. We have considered appellant’s remaining arguments as to his other convictions, find them to be without merit, and affirm as to them.
DOWNEY, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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White v. White, 575 So. 2d 767 (Fla. 2d DCA 1991)…the court erred when it ordered Wife to pay thirty percent of her attorney’s fees and costs. Where one spouse’s income is far superior to the other’s, that spouse will be required to pay the less fortunate spouse’s attorney’s fees. Walton v. Walton, 540 So. 2d 130 (Fla. 2d DCA 1989). Husband’s income here is nearly six times that of Wife, and Wife’s assets are not substantial. Wife should not be required to use her rehabilitative alimony to pay attorney’s fees. We reverse the trial court order and remand wi…
Authorities Cited
- Harris v. State, 540 So. 2d 124 (Fla. 4th DCA 1988)
- Webster v. State, 540 So. 2d 124 (Fla. 4th DCA 1989)