Rodriguez v. State II
Florida Court of Appeal
617 So. 2d 1101 (1993)
- Written by Carolyn Strutton, JD
Facts
Heriberto Rodriguez was convicted of felony murder and sentenced to life in prison. The conviction arose from a murder committed by Rodriquez’s co-felon after a failed attempt at armed robbery, while Rodriquez waited, unaware of the murder, in the getaway car. At the first trial, Rodriguez presented evidence that the murder was an independent act not committed in furtherance of the joint felony as a defense to the felony murder charge. After he was convicted, Rodriguez appealed, claiming that the judge should have instructed the jury on the independent act defense. The appeals court agreed, reversed the judgment, and remanded the case for a new trial. At the second trial, the court instructed the jury that they should find the murder supported a felony murder charge if it was committed during the course of the attempted robbery, and that during the course of meant that the murder occurred around the time of the felony, and both were part of a continuous series of events. Following these instructions, the jury again found Rodriguez guilty of felony murder. Rodriguez appealed, alleging that the instructions to the jury were in error.
Rule of Law
Issue
Holding and Reasoning (Frank, J.)
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