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FLEMMINGS v. STATE

No. 5D02-1612.

838 So.2d 639 (2003)

Travis Alonzo FLEMMINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 28, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

Flemmings was convicted of first degree murder and robbery as a result of his participation in a killing committed by his cofelon, Santiago. Although the evidence adduced at trial was sufficient to support the convictions, there was ample evidence to warrant giving the independent act instruction.1 Specifically, the jury heard two police interviews with Flemmings in which he maintained he knew nothing about a plan to rob the...

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