Sobel v. State

This cause is before us to review a decision of the District Court of Appeal, Fourth District, Sobel v. State, 410 So.2d 556 (Fla. 4th DCA 1982). We granted review because of conflict with Turner v. State, 369 So.2d 670 (Fla. 1st DCA 1979). We have jurisdiction, article V, section 3(b)(3), Florida Constitution.

Dawn Sobel, John Gombos, and others were indicted for first degree murder of a police officer shot by Gombos while he and Sobel were seeking to aid the escape of prisoners guarded by the officer. Gombos was tried first and convicted of second degree murder. Prior to the commencement of…