STATE OF FLORIDA, APPELLANT,

v.

ELIZABETH I. ESTEL, APPELLEE

Citator

Cited By

• Brumbley v. State, 453 So. 2d 381 (Fla. 1984)
  …s or his co-felons who are present. Only an accessory before the fact who was not personally present during the commission of the underlying felony can be found guilty of second degree felony murder under the applicable statute. State v. Jefferson, 347 So. 2d 427, 429 (Fla.1977). Since there was no evidence that appellant was not present during the commission of the underlying felony, the court did not err in refusing to instruct the jury on second-degree felony murder. Appellant also argues that the trial…
• State v. Dene, 533 So. 2d 265 (Fla. 1988)
  …ssories before the fact. Id. We revisited section 782.04, Florida Statutes (1973), and reaffirmed our Dixon analysis in Adams v. State, 341 So. 2d 765 (Fla.1976), cert, denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 158 (1977); State v. Jefferson, 347 So. 2d 427 (Fla.1977); and Enmund v. State, 399 So. 2d 1362 (Fla. 1981), rev’d on other grounds, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed. 1140 (1982). In Adams, the issue was whether it was reversible error to fail to instruct on second-degree felony murder as a…
• State v. Lowery, 419 So. 2d 621 (Fla. 1982)
  …ADKINS, Justice. By petition for review we have before us a decision of the Fourth District Court of Appeal, Lowery v. State, 375 So. 2d 1075 (Fla. 4th DCA 1979), which allegedly conflicts with a decision of this Court, State v. Jefferson, 347 So. 2d 427 (Fla.1977). Jurisdiction is pursuant to article V, section 3(b)(3), Florida Constitution. The question presented is very specific: does the felony-murder statute, section 782.04(3), Florida Statutes (1975), contemplate the prosecution of an individ…

Authorities Cited

• State v. Bales, 343 So. 2d 9 (Fla. 1977)