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THOMAS v. STATE

No. 2D97-1816.

787 So.2d 27 (2001)

Mark THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 16, 2001.

Attorney(s) appearing for the Case

Bjorn E. Brunvand of Bjorn E. Brunvand, P.A., Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Acting Chief Judge.

A jury convicted Mark Thomas of first degree felony murder. We conclude that the trial court should have granted Thomas's request for an independent act jury instruction. Therefore, we reverse and remand for a new trial.

Thomas, Matthew Rodriguez and Donald Miller plotted to rob Tonya Sargeant, the night manager of a drugstore in St. Petersburg where Thomas worked. The plan called for Rodriguez and Miller to wait in some bushes...

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