ROSA v. STATE

No. 2D08-4061.

58 So.3d 900 (2011)

Joshua ROSA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 2, 2011.


Attorney(s) appearing for the Case

Brian E. Gonzalez of Law Offices of Brian E. Gonzalez, Tampa, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

Joshua Rosa appeals from his judgment and life sentence for the first-degree felony murder of thirteen-year-old Stephen Tomlinson, who died of asphyxia due to strangulation. Rosa argues that his conviction should be set aside because the merger doctrine precludes the use of aggravated child abuse as the underlying felony for a felony murder charge if a single act of abuse led to the child's death. We disagree that the child abuse in this case was a single...

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