5D09-2489 Earnest Mills v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-2489

Case Date: 04/18/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

EARNEST LEE MILLS, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 21, 2011 Appeal from the Circuit Court for Orange County, Roger J. McDonald, Judge. Joseph C. Bodiford, of Bodiford Law, P.A., Tampa, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D09-2489

PER CURIAM. AFFIRMED. See Ray v. State, 755 So. 2d 604 (Fla. 2000) (where defendant charged with felony murder was willing participant in underlying felony and murder resulted from forces that co-felons set in motion, independent act instruction was not appropriate); see also Roberts v. State, 4 So. 3d 1261 (Fla. 5th DCA 2009).

GRIFFIN, EVANDER, and JACOBUS, JJ., concur.

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