FALLADA v. DUGGER

No. 86-5185.

819 F.2d 1564 (1987)

Juan FALLADA, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Department of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 24, 1987.


Attorney(s) appearing for the Case

Stephen J. Finta, Ft. Lauderdale, Fla., for petitioner-appellant.

Ralph Barreira, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Before GODBOLD and ANDERSON, Circuit Judges, and SWYGERT, Senior Circuit Judge.


GODBOLD, Circuit Judge:

Juan Fallada was charged by indictment in Florida state court with first-degree murder and robbery. The jury was instructed that it could convict him of first-degree murder under a theory of either premeditated murder or felony murder based on an underlying offense of robbery. The jury found Fallada guilty of robbery and first-degree murder. Because the jury returned a general verdict of guilty of first-degree murder it is not known under which...

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