Smith v. State

Appellant was convicted of conspiracy to commit armed robbery and second-degree felony murder. While we affirm Appellant’s conspiracy conviction, we reverse Appellant’s conviction of second-degree felony murder, because as the State correctly concedes, conspiracy is not a predicate offense for felony-murder, and thus, the jury instruction to the contrary was erroneous. Pugh v. State, 624 So.2d 277 (Fla. 2d DCA 1993) (holding conspiracy to commit aggravated child abuse could not serve as predicate offense for felony-murder, and jury instruction containing error was fundamental, thus affirming…