Shawn Rupe v. State

CourtDistrict Court of Appeal of Florida
DecidedMay 28, 2018
Docket5D16-3519
StatusPublished

This text of Shawn Rupe v. State (Shawn Rupe 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
Shawn Rupe v. State, (Fla. Ct. App. 2018).

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SHAWN RUPE,

Appellant,

v. Case No. 5D16-3519

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed June 1, 2018

Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge.

J. Rafael Rodriguez, of Law Offices of J. Rafael Rodriguez, Miami, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant challenges his convictions for first-degree premeditated and felony

murder and robbery with a deadly weapon. We agree that the robbery conviction cannot

be sustained under our standard of review and accordingly reverse the judgment and

concurrent life sentence on that charge. We affirm the judgment and sentence on the

first-degree premeditated murder conviction.

AFFIRMED IN PART; REVERSED IN PART. TORPY, EVANDER and WALLIS, JJ., concur.

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Shawn Rupe v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shawn-rupe-v-state-fladistctapp-2018.