DARLENE DENISE FLOUNORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant’s motion for rehearing is denied. However, we amend and republish our opinion of March 13,1996, as follows:
Affirmed. Martin v. State, 342 So. 2d 501 (Fla.1977) (jury instructions in a homicide case should be limited to the degrees of homicide).
The trial court did not err in failing to instruct the jury on a non-homicide lesser included offense. We have considered Walker v. State, 671 So. 2d 817. (Fla. 4th DCA 1996) and Rossi v. State, 602 So. 2d 614 (Fla. 4th DCA 1992), and deem them inapposite, as here there is no evidence that the victim’s death resulted from an unconnected or independent act. Rather, the record is clear that Appellant and another set upon the victim together to beat and stab him. The victim was stabbed six times in addition to other blows. Even though Appellant’s knife may not have struck the fatal wound, Appellant, at a minimum, was an aider and abettor in the criminal event causing death and as such her act was not unconnected to or independent of the cause of death. See, e.g., Hall v. State, 403 So. 2d 1321 (Fla.1981); LaMura v. State, 424 So. 2d 25 (Fla. 4th DCA 1982); Diaz v. State, 600 So. 2d 529 (Fla. 3d DCA), rev. denied, 613 So. 2d 3 (Fla.1992).
GUNTHER, C.J., and STONE and GROSS, JJ., concur.
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Citator
Cited By
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Sherly Petitfrere v. State, 698 So. 2d 393 (Fla. 4th DCA 1997)…nd shooter hypothesis, then it might have acquitted Petitfrere of the homicide and convicted him of culpable negligence for discharging his gun in the direction of another in an area where passersby might be at risk. [*395] Unlike Flounory v. State, 674 So. 2d 857 (Fla. 4th DCA 1996), this was not a ease where the defendant could be convicted under section 777.011, Florida Statutes (1995), as a principal along with another potential actor in causing the homicide. See Humphrey v. State, 690 So. 2d 1351 (Fla. 3…
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Warren v. State, 724 So. 2d 607 (Fla. 4th DCA 1998)…he inflicted as well as those inflicted by his co-defendant. Where co-defendants act willfully and in concert to inflict serious injuries, it is not necessary for the state to demonstrate which injuries were inflicted by each. See Flounory v. State, 674 So. 2d 857 (Fla. 4th DCA 1996) (“Even though appellant’s knife may not have struck the fatal wound, appellant, at a minimum, was an aider and abettor in the criminal event causing the death and as such her act was not unconnected to or independent of the cause…
Authorities Cited
- Martin v. State, 342 So. 2d 501 (Fla. 1977)
- Hall v. State, 403 So. 2d 1321 (Fla. 1981)
- Diaz v. State, 600 So. 2d 529 (Fla. 3d DCA 1992)
- Rossi v. State, 602 So. 2d 614 (Fla. 4th DCA 1992)
- Williams v. State, 671 So. 2d 817 (Fla. 3d DCA 1996)
- Walker v. State, 671 So. 2d 817 (Fla. 4th DCA 1996)
- LaMURA v. State, 424 So. 2d 25 (Fla. 4th DCA 1982)