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McARTHUR v. STATE

No. 5D00-1980.

793 So.2d 1190 (2001)

Lenon Lee McARTHUR, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 21, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Lenon Lee McArthur ["McArthur"] appeals his conviction for third-degree felony murder. He has raised three issues, one of which merits discussion. McArthur maintains that the corpus delicti of the offense of third-degree felony murder requires proof not only of the facts surrounding the murder, but also proof of the felony underlying the offense. He contends that the State offered no legally sufficient evidence at trial of the commission of any felony...

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