THE STATE OF FLORIDA, APPELLANT,
v.
JAMES SMITH, APPELLEE
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Florida appealed the dismissal of a second-degree murder charge against Smith, who shot a man during a confrontation at a cafe. The court affirmed the dismissal, holding that the undisputed facts established a valid self-defense claim as a matter of law.
The court held that the undisputed facts legally constituted valid self-defense under Florida law. Because Smith, as manager of the cafe, had no duty to retreat from his place of business, and the appearance of danger was real to him, no legally sufficient evidence existed to support a murder conviction.
[1] Where material facts are undisputed, a trial court considering a motion to dismiss must determine if those facts raise a jury question, similar to evaluating a motion for…
[2] A motion to dismiss should be granted if undisputed material facts do not legally constitute the crime charged or affirmatively establish a valid defense.
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Join FLexlaw to unlock all legal intelligence“where, as here, the material facts are undisputed, the trial court in considering a motion to dismiss must determine whether the undisputed facts raise a jury question, in much the same manner as a judge evaluates a motion for acquittal made at trial.”
Establishes the legal standard for evaluating a motion to dismiss based on undisputed facts
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Join FLexlaw to unlock all legal intelligenceSmith was working as cashier/manager at a cafe when an intoxicated patron caused a disturbance. After being asked to leave, the deceased intervened an…
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PER CURIAM.
The State of Florida takes this appeal from an order granting the defendant’s sworn motion to dismiss an information charging him with second degree murder to which the state demurred.
The defendant was working in a cafe as cashier/manager. About 3:00 A.M. an intoxicated man came into the cafe and caused a disturbance, whereupon defendant asked him to leave. The deceased spoke up in the man’s behalf and was also asked to leave. When defendant attempted to grab the man to eject him, the deceased pushed defendant into the juke box and they began struggling. Upon being separated by patrons, the deceased said to defendant, “You just wait, . . I’m going to kill you,” and then ran out the door of the cafe to his truck which was parked about fifteen feet away. Defendant grabbed a gun from behind the counter and ran outside the cafe. One witness heard defendant asked the deceased if he had a gun but heard no response. Defendant stated that when he got to the truck, the deceased was going into his truck and that he believed he was going for a gun. At this point, defendant opened fire. A metallic wrench was found outside the cafe next to where the truck was parked. The deceased drove his truck to a clinic, and while being assisted said, “Man, you know he shot me, but I’m wrong, you know, I’m wrong.”
As a general rule, where, as here, the material facts are undisputed, the trial court in considering a motion to dismiss must determine whether the undisputed facts raise a jury question, in much the same manner as a judge evaluates a motion for acquittal made at trial. Ellis v. State, 346 So. 2d 1044 (Fla. 1st DCA 1977). Thus, where, in the opinion of the trial judge the undisputed material facts do not legally constitute the crime charged, or affirmatively establish a valid defense, a motion to dismiss should be granted. Camp v. State, 293 So. 2d 114 (Fla. 4th DCA 1974).
The state failed to specifically deny by traverse under oath the allegations that defendant believed the deceased was going for a gun, and this fact is considered admitted by the state. State v. Giesy, 243 So. 2d 635 (Fla. 4th DCA 1971). As manager of the cafe, defendant was not obligated to retreat from his place of business. See Annot., 41 A.L.R.3d 584 (1972). Self defense is a valid defense.
The record in this case clearly demonstrates that the appearance of danger was real to the defendant and that he believed the use of deadly force was necessary to protect himself. It is apparent that no legally sufficient evidence could have been submitted on which a jury could legally find a verdict of guilty. McKnight v. State, 341 So. 2d 261 (Fla. 3d DCA 1977). Therefore, the court properly entered its order granting the motion to dismiss.
Affirmed.
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State v. Johnson, 398 So. 2d 500 (Fla. 3d DCA 1981)…h a jury of reasonable men could find the defendant guilty of false imprisonment. The motion should therefore have been denied and the evidence presented to the jury for resolution. State v. McCray, 387 So. 2d 559 (Fla. 2d DCA 1980); State v. Smith, 376 So. 2d 261 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980); State v. McIntyre, 303 So. 2d 675 (Fla. 4th DCA 1974). Accordingly, the order appealed is reversed and the case remanded for further proceedings. Reversed and remanded.…
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State v. Holder, 400 So. 2d 162 (Fla. 3d DCA 1981)…raised substantial material issues of fact not addressed in the defendant’s motion which would constitute a pri-ma facie case of guilt, thus necessitating the denial of the motion. State v. McCray, 387 So. 2d 559 (Fla. 2d DCA 1980); State v. Smith, 376 So. 2d 261 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980); State v. Hires, 372 So. 2d 183 (Fla. 2d DCA 1979); State v. McIntyre, 303 So. 2d 675 (Fla. 4th DCA 1974); State v. De Jerinett, 283 So. 2d 126 (Fla. 2d DCA), cert. denied, 287 So. 2d 689…
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DE LA HOZ v. State, 997 So. 2d 1198 (Fla. 3d DCA 2008)…efendant is under no duty to retreat prior to using deadly force in self-defense when violently attacked in his home or business premises, which includes inter alia his place of employment while lawfully engaged in his occupation.”); State v. Smith, 376 So. 2d 261, 262 (Fla. 3d DCA 1979) (“As manager of the cafe, defendant was not obligated to retreat from his place of business.”). The Smith case is similar to this one. An intoxicated man entered a cafe and caused a disturbance, whereupon the defendant, who…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellis v. State, 346 So. 2d 1044 (Fla. 1st DCA 1977)
- State v. Giesy, 243 So. 2d 635 (Fla. 4th DCA 1971)
- Camp v. State, 293 So. 2d 114 (Fla. 4th DCA 1974)
- McKNIGHT v. State, 341 So. 2d 261 (Fla. 3d DCA 1977)