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AVILA v. STATE

No. 98-1971.

745 So.2d 983 (1999)

Henry Blanco AVILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 1, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

We affirm Avila's conviction on charges of second-degree felony murder, armed burglary, and attempted robbery. The "victim" of the felony murder was Avila's co-perpetrator, Chavez, who was shot by the homeowner in the course of Avila and Chavez's commission of the burglary and attempted robbery.

The trial judge recognized that neither excusable nor justifiable homicide would be a defense to second-degree felony murder and that manslaughter is not...

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