WASHINGTON v. STATE

No. 4D03-174.

873 So.2d 1268 (2004)

Marlo WASHINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 2, 2004.


Attorney(s) appearing for the Case

Karen J. Tufte, Fort Pierce, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

Marlo Washington appeals his conviction and life sentence for first degree murder rendered by the circuit court after a jury trial. His sole point on appeal is that the trial court erred in failing to give the independent act jury instruction. Finding no error in the trial court's refusal to give the instruction, we affirm.

The victim in this case was shot during a robbery by two gunmen. State witness Frederick Gregory, Jr. testified that Washington...

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