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154 So. 3d 425

Jossey v. State

District Court of Appeal of Florida

Decided December 12, 2014

District Court of Appeal of Florida · decided 2014-12-12

Relies on 134 S. Ct. 1240 - Rosemond v. United States

Decided 2014-12-12

PER CURIAM.

¶1Larry Jossey appeals his conviction for armed robbery raising several issues, each of which we affirm. He asked this court to apply the reasoning of Rosemond v. United States, — U.S. -, 134 S.Ct. 1240, 188 L.Ed.2d 248 (2014), to find error in Florida’s standard jury instruction on principals, because it allowed defendant to be convicted as a principal for robbery with the use of a firearm based upon evidence that he intended that the robbery be committed without requiring any showing that he intended that a firearm be used. We do not reach this issue because defendant did not object below and he failed to establish fundamental error.

¶2AFFIRMED.

PADOVANO, RAY, and OSTERHAUS, JJ., concur.
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