5D09-144 Reuben Senior v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-144

Case Date: 01/25/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

REUBEN SENIOR, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Decision filed January 29, 2010 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge. Allan Campbell, Lake Mary, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D09-144

PER CURIAM.

AFFIRMED.

TORPY and EVANDER, JJ., concur. COHEN, J., concurs specially, with opinion.

CASE NO. 5D09-144 COHEN, J., concurring specially. This court, albeit another panel, has reversed the conviction of one of Appellant's codefendants, Brian Harvey. Harvey also questioned the trial court's denial of a These opinions are not inconsistent

requested independent act jury instruction.

because the evidence established that Appellant, unlike Harvey, was aware of the third codefendant's plan to steal the victim's money under the guise of a drug deal and was also aware that his codefendant was in possession of a firearm. As in Roberts v. State, 4 So. 3d 1261 (Fla. 5th DCA 2009), there was uncontroverted evidence that Appellant knew of the planned robbery, participated in it, and was aware that one of his cofelons was armed. The trial court did not err in failing to instruct on independent act.

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