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626 So. 2d 1011

Pugh v. State

District Court of Appeal of Florida

Decided November 5, 1993

District Court of Appeal of Florida · decided 1993-11-05

Cited by 1 later decisions — most recently March 2009

1 state decisions

Relies on 624 So. 2d 277 - Pugh v. State

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Decided 1993-11-05

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PER CURIAM.

¶1Ferris Pugh was convicted of conspiracy to commit aggravated child abuse and first-degree felony murder in the death of his five-year-old foster child, Melissa King. We affirm the conviction for conspiracy to commit aggravated child abuse because the facts contained in the record were sufficient to support the jury’s verdict. Because conspiracy to commit aggravated child abuse does not qualify as a predicate offense for first-degree felony murder under section 782.04(l)(a)2, Florida Statutes (1989), we reverse the conviction for felony murder and remand for new trial. See Pugh v. State, 624 So.2d 277 (Fla. 2d DCA 1993).

¶2Affirmed in part, reversed in part, and remanded for new trial.

HALL, A.C.J., and PATTERSON and BLUE, JJ., concur.
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