Calafell v. State

Roque Calafell appeals his adverse jury verdict, conviction and sentences for first degree murder and robbery. We reverse his robbery conviction and .remand that charge for a new trial, concluding that his request for a special jury instruction on the afterthought defense was well taken and erroneously denied.

We affirm his conviction on the first degree murder charge because it rests on competent, substantial evidence establishing premeditation irrespective of the robbery conviction. The jury rendered a general verdict subsuming both first degree premeditated murder and felony murdér. The…