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State Courts -
Florida - March 12, 2008
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Aguilera v. State, No. 3D05-422,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Defendant struck man with gun, which discharged and killed him. "And/or" instruction given to link him and codefendant as actors was harmless error as to defendant; that codefendant brought gun, if attributed to defendant, did not establish element of second-degree murder (? 782.04(2), Fla. Stat.), as premeditation was not element of that crime.
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