Baker v. State, 4D00-4714.
Decision Date | 25 July 2001 |
Docket Number | No. 4D00-4714.,4D00-4714. |
Citation | 793 So.2d 69 |
Parties | Deandre BAKER, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Deandre Baker, Mayo, pro se.
No appearance required for appellee.
Appellant pled guilty to third-degree felony murder and was sentenced to 12.1 years in prison. He appeals from the circuit court's order denying his motion for post-conviction relief. We affirm.
Appellant confessed to police that he and a friend took an abandoned truck from an alley. They knew the truck had been stolen because the ignition was out. Appellant began driving, made a right turn, and turned again across a median in front of the decedent's motorcycle, causing a fatal collision. Appellant and his friend fled on foot, but eventually surrendered themselves to the police.
Appellant contends that his plea was involuntary, because he was misled into believing that he could be convicted of felony murder when, under Lester v. State, 737 So.2d 1149 (Fla. 2d DCA 1999), he could not. Appellant further contends that trial counsel was ineffective for his failure to argue that he could not be convicted of third-degree felony murder under Lester. We reject appellant's claim and hold that under this court's reasoning in State v. Williams, 776 So.2d 1066 (Fla. 4th DCA 2001), appellant's theft of the vehicle was not too attenuated from the fatal collision to support his felony murder conviction.
Id. at 1072. This court also discussed the Second District Court of Appeal's analysis in Lester and concluded:
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