State v. Dene

District Court of Appeal of Florida

Decided September 25, 1987

District Court of Appeal of Florida · decided 1987-09-25

Relies on 490 So. 2d 1372 - State v. Oliver

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-25

How this case has been cited

Cited by 6 later decisions — most recently February 2013

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DANAHY, Chief Judge.

¶1Since 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 Oliverto 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?

¶2Affirmed.

LEHAN and FRANK, JJ., concur.