Rodriguez v. State

571 So. 2d 1356 (1990)

Facts

On March 14, 1988, at approximately 9:00 p.m., D parked his car in the vicinity of a Shell service station and store. Ballester exited D's vehicle, went into the Shell station, confronted the attendant on duty, and demanded money. The attendant refused. Ballester walked to the door of the station as if he were leaving. After a lapse of approximately four seconds, Ballester returned to the counter, placed a revolver to the head of the attendant, and executed him on the spot. Ballester made no effort to take money or other property from the station or the body of the attendant. Ballester rejoined D in his vehicle and left the scene. On March 19, 1988, D told his father that he had participated in an attempt to rob a store, but did not know about the killing until long after he left the scene with Ballester. D went to Puerto Rico to seek safety from Ballester. D's father informed the police. D stated that he was only the driver of his vehicle at the time of the attempted robbery, had not gotten out of his car, and had seen nothing of the attempted robbery or the shooting. D voluntarily surrendered to authorities. There were videotapes of the robbery. While in deliberations, the jury requested and was allowed to view again the videotape sequences. Ballester arrived at the store on March 14, 1988, by himself. Ballester is seen approaching the attendant, turning as if to leave the scene and return to the attendant holding a weapon and then shoot the attendant. D never knew Ballester intended to shoot anyone. D never witnessed any of the events that took place as he was parked in his car some distance away from the store and out of the line of vision. D claimed that the murder was an independent act and not committed in the course of or in furtherance of the attempted robbery. The jury convicted D and D appealed.