Amrhein v. State

District Court of Appeal of Florida

Amrhein v. State

622 So. 2d 172, 1993 Fla. App. LEXIS 8459, 1993 WL 309164

CourtDistrict Court of Appeal of Florida

DecidedAugust 11, 1993

DocketNo. 91-03176

StatusPublished

Cited by1 cases

This text of 622 So. 2d 172 (Amrhein v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amrhein v. State, 622 So. 2d 172, 1993 Fla. App. LEXIS 8459, 1993 WL 309164 (Fla. Ct. App. 1993).

Pincite

Opinion

PATTERSON, Judge.

Thomas Glenn Amrhein appeals his convictions for first-degree murder and kidnapping. He raises two points on appeal. First, he argues that the trial court erred in denying his motion for judgment of acquittal, and second, that the trial court further erred in failing to instruct the jury on the “Independent Act Doctrine.”

As to the first point, we determine that the evidence was sufficient to raise a jury question as to whether Amrhein participated in this crime by aiding and abetting. We therefore affirm his convictions on this ground.

As to the second point, Amrhein’s trial counsel did not request an instruction on the “Independent Act Doctrine” and did not object to it not being given. Thus, he cannot raise the issue for the first time on direct appeal. McKinney v. State, 579 So.2d 80 (Fla.1991); Gidden v. State, 573 So.2d 153 (Fla. 3d DCA 1991). We affirm Amrhein’s convictions without prejudice to raise this issue by a 3.850 motion.

RYDER, A.C.J., and HALL, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI