Description: Tampa, Florida criminal defense lawyer represented the Defendant charged with second-degree murder and attempted second-degree murder.

Defendant was found guilty as a principal in the commission of the crime.

"[I]n order to be a principal in a crime, one must have a conscious intent that the crime be done and must do some act or say some word which was intended to and does incite, cause, encourage, assist, or advise another person to actually commit the crime." See State v. Tovar, 110 So.3d 33, 36 (Fla. 2d DCA 2013) (alteration in original) (emphasis added) (quoting L.J.S. v. State, 909 So.2d 951, 952 (Fla. 2d DCA 2005)). In this case, the State's evidence was legally inadequate as to both elements. Cf. Rocker v. State, 122 So.3d 898, 902 (Fla. 2d DCA 2013) ("In order to convict Rocker as a principal, the State had to prove two elements: (1) that Rocker intended for the robbery to be committed and (2) that Rocker assisted Banks in the commission of the offense."); Hanks v. State, 43 So.3d 917, 918 (Fla. 2d DCA 2010) ("Mere presence at the scene of an offense is not sufficient to support a principals instruction."); Rocker, 122 So.3d at 906 (Northcutt, J., concurring) ("[I]ntent cannot be circumstantially proved unless one or more of the circumstances demonstrate knowledge."). Accordingly, we reverse Dixon's judgment and sentences and remand for entry of an order granting Dixon's motion for judgment of acquittal and for his discharge.

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Legal issue Was the evidence sufficient to prove intent and actions qualifying the defendant as a principal in the crimes?
Headnote

CRIMINAL LAW. PRINCIPAL LIABILITY. The case examines whether the defendant can be held liable as a principal for second-degree murder and attempted second-degree murder, highlighting the legal necessity for evidence of conscious intent to commit the crimes and active incitement, assistance, or encouragement of their commission by another person.

Key Phrases Second-degree murder. Attempted second-degree murder. Judgment of acquittal. Legally inadequate. Reversed and remanded.

Outcome: Reversed and remanded.

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Defendant's Experts:

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