DREW v. STATE

No. 87-2877.

551 So.2d 563 (1989)

Scott Leigh DREW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 29, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee.


STONE, Judge.

The appellant was convicted of first degree felony murder and burglary. The sole issue on appeal is whether it was error to exclude the testimony of a defense expert to the effect that Drew did not intend, when committing a burglary and homicide, to harm the victim, but merely to frighten her. The decedent was shot twice in the back of the head.

The trial court, in concluding that the proffered testimony was inadmissible as irrelevant to the...

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