BLACKBURN

v.

FLORIDA

Citator

Cited By (14 total)

• Potts v. State, 430 So. 2d 900 (Fla. 1982)
  …degree and accessories before the fact were treated equally and all were made principals in the first degree. This statute was interpreted by Blackburn v. State, 314 So. 2d 634 (Fla. 4th DCA 1975), cert. denied, 334 So. 2d 603 (Fla.), cert. denied, 429 U.S. 864, 97 S.Ct. 170, 50 L.Ed.2d 142 (1976). The age-old argument about whether or not the aider or abettor could be convicted while the principal was acquitted was dealt with by the Blackburn court as follows: Some of the cases cited by appellant appear…
• Potts v. State, 403 So. 2d 443 (Fla. 2d DCA 1981)
  …te on principals had the effect of combining accessories before the fact and principals in the first and second degree into the same category. Blackburn v. State, 314 So. 2d 634 (Fla. 4th DCA 1975), cert. denied, 334 So. 2d 603 (Fla.), cert. denied, 429 U.S. 864, 97 S.Ct. 170, 50 L.Ed.2d 142 (1976). Under the statute, the acquittal of the primary offender does not bar the [*445] conviction of an aider .and abettor. Butts v. State, 286 So. 2d 28 (Fla.2d DCA 1973). The court in Turner stressed the fact that…
• Brown v. State, 672 So. 2d 861 (Fla. 3d DCA 1996)
  …314 So. 2d 634, 637 (Fla. 4th DCA 1975) (“Thus the terms ‘principal in the second degree’ and ‘accessory before the fact’ appear to have passed into the judicial history of the State of Florida.”), cert. denied, 334 So. 2d 603 (Fla.), cert. denied, 429 U.S. 864, 97 S.Ct. 170, 50 L.Ed.2d 142 (1976). The crime of accessory after the fact, on the other hand, has remained a separate offense in Florida. See Staten v. State, 519 So. 2d 622 (Fla.1988) (holding a defendant cannot be convicted and sentenced both a…