KINSLER v. STATE

No. 5D03-2190.

873 So.2d 551 (2004)

David H. KINSLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 21, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The sole issue presented to us for consideration in this appeal is whether the taking of property after a premeditated murder can support a conviction of robbery with a firearm, where the alleged motive for the murder was not the taking of the property. Because we conclude that the primary motive for the murder was for a reason not associated with the taking of property, we reverse the conviction of the appellant for robbery, but otherwise affirm.

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