THEOPHILE v. STATE

No. 4D09-5328.

78 So.3d 574 (2011)

Jarod THEOPHILE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion on Clarification and/or Rehearing November 23, 2011.


Attorney(s) appearing for the Case

Philip J. Massa , Regional Counsel and Randall Berman , Special Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fourth District, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Daniel P. Hyndman , Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Defendant Jarod W. Theophile appeals his conviction and sentence for robbery with a firearm. We reverse and remand for discharge because the evidence was legally insufficient to convict the defendant as a principal on the robbery charge.

Dwight Carter, the fifty-three-year-old victim, testified that on May 17, 2009, just before 8:00 p.m., he was riding his bicycle on Australian Avenue in West Palm Beach. He had just left his girlfriend's apartment...

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