01-3513 CLARK V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-3513 CLARK V. STATE

Case Date: 12/24/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

SHELDON A. CLARK, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-3513 LOWER TRIBUNAL NO. 00-9533B

Opinion filed December 24, 2003. An appeal from the Circuit Court for Miami-Dade County, Kevin M. Emas, Judge. Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Barbara Zappi and Andrea D. England, Assistant Attorneys General, for appellee. Before SCHWARTZ, C.J., and COPE and SHEPHERD, JJ. PER CURIAM. Sheldon Clark appeals his convictions for first degree murder and burglary of a dwelling.*

He does not challenge his conviction on possession of a firearm by a convicted felon.
*

First, assuming without deciding that duress can be a defense to a felony murder charge, see Wright v. State, 402 So. 2d 493, 498 n. 8 (Fla. 3d DCA 1981), we conclude that the defense request for a jury instruction on duress was properly denied, because there was no competent evidence of duress. Second, the motion for judgment See

of acquittal on the burglary count was correctly denied.

Nicarry v. State, 795 So. 2d 1114, 1116 (Fla. 5th DCA 2001), review denied, 819 So. 2d 138 (Fla. 2002); Britton v. State, 604 So. 2d 1288, 1290 (Fla. 2d DCA 1992). Affirmed.

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