State v. Aguiar

ADKINS, Justice.

We have for review a decision of the District Court of Appeal, Third District, (State v. Luis Aguiar, 392 So.2d 944 (Fla.3d DCA 1980)), where the court held that a defendant not present at the scene of the burglary or robbery, which results in the killing of a human being, could not be charged with first-degree felony murder *246even though he may have participated in the plan for the commission of the underlying felonies.

In a prosecution for murder in the first degree, if the accused was present, aiding and abetting the commission or attempt of one of the violent felonies listed…