UPSHAW v. STATE

No. 2D03-2211.

871 So.2d 1015 (2004)

Herschel UPSHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 28, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and David H. Foxman, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Herschel Upshaw appeals his conviction of first-degree murder. We reverse because the trial court abused its discretion in denying Upshaw's request for an independent act jury instruction.

Upshaw was indicted along with two codefendants, Tessa Robinson and Jessica Hill, for first-degree murder and robbery with a firearm. Upshaw was the only one of the defendants to testify at his trial, and he testified to the following. He was approached by...

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