Legal Opinion · Dissent

Rocker v. State

District Court of Appeal of Florida

Decided August 30, 2013No. 2D10-5060Published

1DissentVillanti, Judge

I respectfully dissent because I disagree with the majority’s conclusion that, as a matter of law, “the State failed to meet its burden of proving that Rocker intended for the predicate offense of robbery to be committed and that he assisted in the commission of the attempted robbery.”

Rocker was convicted of first-degree murder as a principal on the theory that he aided and abetted Banks in the attempted robbery of the victim. To be a principal in a crime, a person “ ‘must have a conscious intent that the crime be done and must do some act or say some word which was intended to and does…

2Cases cited20 opinions

  1. Pagan v. StateSupreme Court of Florida · 2002
  2. State v. LawSupreme Court of Florida · 1989
  3. Orme v. StateSupreme Court of Florida · 1996
  4. Brewer v. StateDistrict Court of Appeal of Florida · 1982
  5. Durousseau v. StateSupreme Court of Florida · 2010

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