State v. Aguiar
State v. Aguiar
Opinion of the Court
We have for review a decision of the District Court of Appeal, Third District, (State v. Luis Aguiar, 392 So.2d 944 (Fla.3d DCA 1980)), where the court held that a defendant not present at the scene of the burglary or robbery, which results in the killing of a human being, could not be charged with first-degree felony murder
In a prosecution for murder in the first degree, if the accused was present, aiding and abetting the commission or attempt of one of the violent felonies listed in the first-degree murder statute, he is equally guilty, with the actual perpetrator of the underlying felony, of first-degree murder. Enmund v. State, 399 So.2d 1362 (Fla. 1981), rev’d on other grounds, - U.S. -, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (U.S. 1982). Constructive presence at the time of the homicide will support a conviction of first-degree murder. Enmund v. State; Jackson v. State, 403 So.2d 1063 (Fla. 4th DCA 1981).
A defendant who aids and abets the commission of the underlying felony, but who is not present at the murder, can be convicted under the second-degree felony murder statute. State v. Lowery, 419 So.2d 621 (Fla. 1982).
A defendant who was not present during the commission of the murder may be convicted of murder in the first-degree if premeditation is shown. See e.g. Antone v. State, 382 So.2d 1205 (Fla. 1980); Barfield v. State, 402 So.2d 377 (Fla. 1981).
The decision of the district court of appeal affirming the order of the trial court dismissing the prosecution is approved.
Reference
- Full Case Name
- STATE of Florida v. Luis AGUIAR
- Cited By
- 1 case
- Status
- Published