PRUDENT v. STATE

No. 3D06-1969.

974 So.2d 1142 (2008)

Ensi PRUDENT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 13, 2008.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.


CORTIÑAS, J.

Appellant, Ensi Prudent ("Prudent"), seeks review of his first degree murder conviction on the basis that omission of the elements of felony murder in the jury instructions given at trial constitutes fundamental error. We find no fundamental error and affirm.

On July 1, 2003, Felix Similien (the "victim"), was shot and killed in a residential neighborhood. At trial, Genita Milhomme testified that she saw Prudent and the victim, whose hands...

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