LYONS v. STATE

No. 2D99-3061.

791 So.2d 36 (2001)

James LYONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 18, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.


GREEN, Judge.

The defendant, James Lyons, was charged by indictment with the premeditated murder of Marlen Zengo. He was convicted after a jury trial. We reverse.

The jury was instructed with respect to premeditated murder and felony murder. The felony murder theory was based on two contentions, the burglary of Zengo's residence and alternatively the robbery of Zengo. It is not disputed that Lyons was initially invited into the residence by Zengo and never...

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