WILLIAM L. BUTTS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed.
MANN, C. J., and McNULTY and GRIMES, JJ., concur.
MANN, Chief Judge.
We affirmed Butts’ conviction without opinion. We treat his letter of November 2, 1973 as a petition for rehearing. Upon reconsideration of the record and briefs in the case, rehearing is denied. Butts’ assertion that the guilty party was acquitted overlooks the fact that an aider and abetter is equally guilty. Fla.Stat. § 776.011 (1971), F.S.A. The evidence of Butts’ participation in this robbery is legally sufficient. His complaint about failures of trial counsel properly to prepare and present his case raises questions reachable by petition to the trial court under CrPR 3.850, 33 F.S.A. Rehearing denied, without prejudice to appellant’s right to proceed in the trial court under CrPR 3.850.
McNULTY and GRIMES, JJ., concur.
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Potts v. State, 403 So. 2d 443 (Fla. 2d DCA 1981)…th 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 the words “and such offense is committed or is attempted to be committed” had been added to the statute in 1974. These words add little. The federal statute on principals does not contai…
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