MACKERLEY v. STATE

No. 4D98-0856.

754 So.2d 132 (2000)

Alan MACKERLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 2000.


Attorney(s) appearing for the Case

Paul Morris of the Law Offices of Paul Morris, P.A., and Stephen H. Rosen of the Law Offices of Stephen H. Rosen, P.A., Coral Gables, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Appellant, Alan Mackerley, was tried by jury and convicted of the first degree murder and kidnaping of his business competitor, Frank Black. We find persuasive Mackerley's two-pronged argument on appeal: (1) that the charging document and the evidence presented at trial were legally insufficient to support the charge of kidnaping; and (2) that the general verdict of guilt of first degree murder, which may have been predicated on a felony murder theory...

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