STATE v. AMARO

No. 82-1261.

436 So.2d 1056 (1983)

STATE of Florida, Appellant, v. Juan AMARO, Juan Alejandro Rodriguez and Sergio Jesus Villegas, Appellees.

District Court of Appeal of Florida, Second District.

August 31, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Peggy A. Quince, Tampa, for appellant.

James V. Dominguez, Tampa, for appellee Amaro.

Nestor Castillo, Jr., Tampa, for appellee Rodriguez.

Raul C. Palomino, Jr., Tampa, for appellee Villegas.


RYDER, Judge.

The question presented in this appeal is one which has not yet been specifically addressed by the courts of Florida: Can one who is apprehended while in the commission of a drug felony, moments before a co-felon shoots and kills a police officer while attempting to avoid apprehension, successfully claim that he is not accountable under the felony-murder statute for the killing of the officer?

I. FACTS.

In February 1982, an information...

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