Jefferson v. State

WALDEN, Chief Judge.

We reverse and remand for a new trial on the basis of this appellate point:

Whether the trial court’s instruction on second degree murder, which omitted any reference to killing when committed in the perpetration of, or in the attempt to perpetrate, certain felonies, constitutes fundamental error?

Defendant was convicted of first degree murder and sentenced to life imprisonment. He appeals. This was a typical felony murder. Three people, including defendant, attempted to rob a business. During the course of events one of the business employees with the cash receipts was shot…