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Miller v. State

District Court of Appeal of Florida, Third District
Feb 24, 1982
409 So. 2d 109 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-780.

January 26, 1982. Rehearing Denied February 24, 1982.

Appeal from the Dade County Circuit Court, Thomas E. Scott, J.

Bennett H. Brummer, Public Defender and Charles I. Poole, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


The question of the admissibility in evidence of an extra-judicial confession is for the court to decide, based on all the circumstances of the confession, Palmes v. State, 397 So.2d 648 (Fla. 1981). For purpose of a felony-murder conviction it is irrelevant that appellant was not present at the time of the actual killing. As a perpetrator of the underlying felony, she is a principal in the homicide. Goodwin v. State, 405 So.2d 170 (Fla. 1981).

Affirmed.


Summaries of

Miller v. State

District Court of Appeal of Florida, Third District
Feb 24, 1982
409 So. 2d 109 (Fla. Dist. Ct. App. 1982)
Case details for

Miller v. State

Case Details

Full title:THERESA LEE MILLER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 24, 1982

Citations

409 So. 2d 109 (Fla. Dist. Ct. App. 1982)

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