Legal Opinion

Lewis v. State

District Court of Appeal of Florida

Decided May 6, 2010No. 1D08-1419PublishedCited by 15 opinions

1Opinion of the CourtRoberts, J.

The appellant, Amanda Lewis, was charged and convicted of aggravated child abuse and first-degree felony murder in the drowning death of her seven-year-old daughter. She raises four issues on appeal, only one of which merits discussion. She argues that her convictions must be set aside because the merger doctrine precludes the use of aggravated child abuse as the underlying felony in a felony murder charge if only a single act of abuse led to the child’s death. We disagree and affirm.

At English common law, the crime of felony murder occurred when a person caused the death of another in the…

2Cases cited5 opinions

  1. People v. IrelandCalifornia Supreme Court · 1969
  2. State v. GodseyTennessee Supreme Court · 2001
  3. Brooks v. StateSupreme Court of Florida · 2005
  4. State v. Amos BranchOregon Supreme Court · 1966
  5. Dorsey v. StateDistrict Court of Appeal of Florida · 2006

3Cited by15 opinions

  1. Caylor v. StateSupreme Court of Florida · 2011
  2. WILLIE JEFFERSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. Kennedy v. StateDistrict Court of Appeal of Florida · 2011
  4. Sturdivant v. StateDistrict Court of Appeal of Florida · 2010
  5. Rosa v. StateDistrict Court of Appeal of Florida · 2011

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