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DIAZ v. STATE

No. 91-1925.

600 So.2d 529 (1992)

Julio DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 16, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

SCHWARTZ, Chief Judge.

Diaz was convicted of the second degree felony murder of one of his confederates in an attempted robbery who was shot dead by the intended victim. His sole appellate claim concerns the failure of the trial court to give an instruction on "independent act." See Parker v. State, 458 So.2d 750 (Fla. 1984), cert. denied, 470 U.S. 1088, 105 S.Ct. 1855, 85 L.Ed.2d 152 (1985); Bryant v. State,

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