PERKINS v. STATE

No. 4D01-767.

814 So.2d 1177 (2002)

Floyd S. PERKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 17, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of first degree murder based on evidence which would have supported the separate charges of premeditated or felony murder. The underlying felony for the felony murder charge was robbery. He contends that the court erred in not instructing the jury that, if the taking of the victim's property was an afterthought, and not the motivation for the use of force, there was no robbery. If the court had given the instruction, the jury, he...

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