Rodriguez v. State I
Florida Court of Appeal
571 So. 2d 1356 (1990)
- Written by Carolyn Strutton, JD
Facts
Heriberto Rodriguez (defendant) drove with Victor Ballester to a gas station in order to rob its store. Rodriguez parked the car some distance away, out of sight of the store, and remained in the car. Ballester entered the store, approached the clerk, and demanded money. When the clerk refused, Ballester turned and walked toward the door as if he was leaving. Instead of exiting, however, Ballester stopped, walked back to the clerk, and shot him in the head. Ballester then left the store, without taking any money or property. After Ballester returned to the car Rodriguez drove away. A few days later, Rodriguez confessed to his father that he had been involved in an attempted robbery and had found out later that there had been a killing during the attempt. Rodriguez’s father contacted the authorities. Rodriguez repeated his confession to his brother-in-law who was a police officer, claiming that he had only been the driver during the robbery and had no knowledge of the murder until long after it occurred. Rodriguez turned himself in and was charged with felony murder. Rodriguez was convicted and appealed on the grounds that the jury should have been instructed on his claimed defense that the murder was an independent act not committed in furtherance of the robbery.
Rule of Law
Issue
Holding and Reasoning (Campbell, C.J.)
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