Flounory v. State

District Court of Appeal of Florida

Flounory v. State

674 So. 2d 857, 1996 Fla. App. LEXIS 16320, 1996 WL 271570

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 1996

DocketNo. 95-0244

StatusPublished

Cited by2 cases

This text of 674 So. 2d 857 (Flounory 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.

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Flounory v. State, 674 So. 2d 857, 1996 Fla. App. LEXIS 16320, 1996 WL 271570 (Fla. Ct. App. 1996).

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Opinion

ON MOTION FOR REHEARING

PER CURIAM.

Appellant’s motion for rehearing is denied. However, we amend and republish our opinion of March 13,1996, as follows:

Affirmed. Martin v. State, 342 So.2d 501 (Fla.1977) (jury instructions in a homicide case should be limited to the degrees of homicide).

The trial court did not err in failing to instruct the jury on a non-homicide lesser included offense. We have considered Walker v. State, 671 So.2d 817. (Fla. 4th DCA 1996) and Rossi v. State, 602 So.2d 614 (Fla. 4th DCA 1992), and deem them inapposite, as here there is no evidence that the victim’s death resulted from an unconnected or independent act. Rather, the record is clear that Appellant and another set upon the victim together to beat and stab him. The victim was stabbed six times in addition to other blows. Even though Appellant’s knife may not have struck the fatal wound, Appellant, at a minimum, was an aider and abettor in the criminal event causing death and as such her act was not unconnected to or independent of the cause of death. See, e.g., Hall v. State, 403 So.2d 1321 (Fla.1981); LaMura v. State, 424 So.2d 25 (Fla. 4th DCA 1982); Diaz v. State, 600 So.2d 529 (Fla. 3d DCA), rev. denied, 613 So.2d 3 (Fla.1992).

GUNTHER, C.J., and STONE and GROSS, JJ., concur.

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ON MOTION FOR REHEARING

PER CURIAM.

Appellant’s motion for rehearing is denied. However, we amend and republish our opinion of March 13,1996, as follows:

Affirmed. Martin v. State, 342 So.2d 501 (Fla.1977) (jury instructions in a homicide case should be limited to the degrees of homicide).

The trial court did not err in failing to instruct the jury on a non-homicide lesser included offense. We have considered Walker v. State, 671 So.2d 817. (Fla. 4th DCA 1996) and Rossi v. State, 602 So.2d 614 (Fla. 4th DCA 1992), and deem them inapposite, as here there is no evidence that the victim’s death resulted from an unconnected or independent act. Rather, the record is clear that Appellant and another set upon the victim together to beat and stab him. The victim was stabbed six times in addition to other blows. Even though Appellant’s knife may not have struck the fatal wound, Appellant, at a minimum, was an aider and abettor in the criminal event causing death and as such her act was not unconnected to or independent of the cause of death. See, e.g., Hall v. State, 403 So.2d 1321 (Fla.1981); LaMura v. State, 424 So.2d 25 (Fla. 4th DCA 1982); Diaz v. State, 600 So.2d 529 (Fla. 3d DCA), rev. denied, 613 So.2d 3 (Fla.1992).

GUNTHER, C.J., and STONE and GROSS, JJ., concur.

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674 So. 2d 857, 1996 Fla. App. LEXIS 16320, 1996 WL 271570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flounory-v-state-fladistctapp-1996.

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