Peters v. State

The issue we consider is whether the trial court should have given a special jury instruction regarding “mere presence” at a crime scene or whether the standard jury instruction regarding principal or independent acts was sufficient. We find the standard jury instruction given in this case was sufficient and affirm the conviction for first degree murder.

In May 2003, appellant went to a lounge in Miramar with three other individuals: Jason, Claud, and “Jaja.” When the four men left the lounge hours later, an incident took place in the lounge parking lot. Appellant was struggling with a man,…