State v. Dene
512 So. 2d 1156, 12 Fla. L. Weekly 2327, 1987 Fla. App. LEXIS 10401
CourtDistrict Court of Appeal of Florida
DecidedSeptember 25, 1987
DocketNo. 86-2569
StatusPublished
Cited by1 cases
This text of 512 So. 2d 1156 (State v. Dene) 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. Dene, 512 So. 2d 1156, 12 Fla. L. Weekly 2327, 1987 Fla. App. LEXIS 10401 (Fla. Ct. App. 1987).
Opinion
Since the facts of this case precisely match those set out in State v. Oliver, 490 So.2d 1372 (Fla. 2d DCA 1986), the judgment must be affirmed. Also, because of the factual similarity to Oliver, we accede to the state’s request to again certify the question in Oliver to the Supreme Court. We certify the following question:
IS A CONVICTION UNDER SECTION 782.04(3), FLORIDA STATUTES, THE SECOND-DEGREE FELONY MURDER SECTION, LIMITED TO ONLY THOSE SITUATIONS WHERE THE PERSON WHO ACTUALLY KILLS THE INNOCENT VICTIM IS NOT ONE OF THE PRINCIPALS IN THE COMMISSION OF THE FELONY, SUCH AS A BYSTANDER OR LAW ENFORCEMENT OFFICER, BUT RATHER SOMEONE ELSE?
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
State v. Dene
533 So. 2d 265 (Supreme Court of Florida, 1988)
Cite This Page — Counsel Stack
Bluebook (online)
512 So. 2d 1156, 12 Fla. L. Weekly 2327, 1987 Fla. App. LEXIS 10401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dene-fladistctapp-1987.