State v. Aguiar

District Court of Appeal of Florida

State v. Aguiar

392 So. 2d 944, 1980 Fla. App. LEXIS 18322

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1980

DocketNo. 80-997

StatusPublished

Cited by1 cases

This text of 392 So. 2d 944 (State v. Aguiar) 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

State v. Aguiar, 392 So. 2d 944, 1980 Fla. App. LEXIS 18322 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

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, 346 So.2d 771 (Fla.2d DCA 1978).

Therefore, the order of dismissal under review is affirmed.

Affirmed.

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