GARCIA v. STATE

No. 2D10-2510.

114 So.3d 424 (2013)

Robert J. GARCIA, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 31, 2013.


Attorney(s) appearing for the Case

Christopher H. Brown of Brown, Suarez & Rios, P.A., Punta Gorda, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diana K. Bock , Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Robert Garcia, Jr., and four others planned and undertook a home-invasion robbery. But the endeavor went wildly awry, and by the end of it, two of the perpetrators were dead. For his part, Garcia was tried before a jury and convicted of armed home-invasion robbery, second-degree felony murder, and aggravated battery, and he filed this appeal. We reverse the felony murder conviction; otherwise we affirm.

The evidence at trial reflected that...

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