Supreme Court of Florida

Conviction of defendant for two counts of first-degree felony murder without personal possession of a firearm, is vacated and remanded to the district court with instructions to direct the entry of judgments for third-degree felony murder as, because there was no evidence from which the jury could reasonably infer that defendant intended to participate in a transaction involving at least 28 grams of cocaine; the state failed to establish each element of trafficking or attempted trafficking.

Appellate Information

• Decided 12/09/2010
• Published 12/09/2010

Judges

• QUINCE

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Carlos J. Martinez, Bill McCollum