HIEKE v. STATE

No. 91-2049.

605 So.2d 983 (1992)

Graciela HIEKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 7, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

The defendant was found guilty of solicitation to commit third degree murder. We reverse; there is no such crime.

Under the facts of this case, the defendant admits that she hired a hit-man to beat up her husband, but defends the charge that she was guilty of solicitation to commit first degree murder insisting that she intended for him to be beaten up but not killed. Third degree murder is defined as the unlawful killing of a human being without...

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