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MURDOCK v. STATE

No. 4D10-2246.

115 So.3d 1050 (2013)

Michael Anthony MURDOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 12, 2013.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, Nan Ellen Foley and Stacey Kime , Assistant Public Defenders, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melynda L. Melear , Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

Fresnel Atilus was shot and killed while operating his ice cream truck in Lake Park, Florida. At trial, the State's theory of the case was that appellant, Michael Murdock, was guilty of first-degree murder and attempted robbery with a firearm as a principal.1 A jury found Murdock guilty as charged. We reverse because the police misinformed Murdock about his Fifth Amendment rights and failed to correct the misinformation before...

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