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State v. Aguiar

District Court of Appeal of Florida, Third District
Feb 13, 1981
392 So. 2d 944 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-997.

December 23, 1980. Rehearing Denied February 13, 1981.

Appeal from the Circuit Court, Dade County, Wilkie D. Ferguson, Jr., J.

Janet Reno, State Atty., and Theda R. James, Asst. State Atty., for appellant.

Melvyn Kessler and L. Mark Dachs, Miami, for appellee.

Before HUBBART, C.J., BARKDULL, J., and PEARSON, TILLMAN (Ret.), Associate Judge.


The trial court held that a defendant not present at the scene of a burglary or robbery, which results in the killing of a human being, could not be charged with first degree felony murder even though he may have participated in the plan for the commission of the underlying felonies.

We agree under the law of this State as it exists today. See: Sections 775.021(1), 776.011, and 782.04, Florida Statutes (1975 and 1976 Supp.), and see: State v. Dixon, 283 So.2d 1 (Fla. 1973); Adams v. State, 341 So.2d 765 (Fla. 1976); Hite v. State, 364 So.2d 771 (Fla. 2d DCA 1978).

Therefore, the order of dismissal under review is affirmed.

Affirmed.


Summaries of

State v. Aguiar

District Court of Appeal of Florida, Third District
Feb 13, 1981
392 So. 2d 944 (Fla. Dist. Ct. App. 1981)
Case details for

State v. Aguiar

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. LUIS AGUIAR, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 13, 1981

Citations

392 So. 2d 944 (Fla. Dist. Ct. App. 1981)

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