DEMPSEY v. STATE

No. 4D04-4380.

939 So.2d 1165 (2006)

COURTNEY DEMPSEY, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 2006.


Attorney(s) appearing for the Case

Tara A. Finnigan, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant and a co-defendant were convicted of attempted murder of a police officer, four counts of robbery with a firearm, and attempted robbery with a firearm. The written instructions given to the jury stated that the state had to prove that a co-defendant, James Womack, "and/or Courtney Dempsey" committed the elements of the crimes. This was apparently an inadvertent error because appellant had objected to the "and/or" language, and the court had modified...

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