RODRIGUEZ v. STATE

No. 88-03474.

571 So.2d 1356 (1990)

Heriberto RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 4, 1991.


Attorney(s) appearing for the Case

R.E. Fernandez of Fernandez, Muller & Sanderson, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Acting Chief Judge.

Appellant, Heriberto Rodriguez, appeals his conviction and sentence for first degree felony murder. We must reverse and remand for a new trial because the trial judge committed reversible error when she failed to give appellant's requested independent act jury instruction. The instruction would have informed the jury that if it found that appellant's co-defendant committed the murder as an independent act, not during the course of or...

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