CARL L. BALLARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Kettell, 980 So. 2d 1061 (Fla. 2008)
  …Affirming the denial of a motion to dismiss, the district court held that “the element of wantonly shooting at or into a building is not negated by the pleaded facts that defendant fired at a man who was in front of the building.” Ballard v. State, 447 So. 2d 1040, 1041 (Fla. 2d DCA 1984). That is, “ ‘[wjantonly’ does not require that the building be the target.” Id. Then, in Skinner v. State, 450 So. 2d 595, 595-96 (Fla. 5th DCA 1984), the Fifth District, with Judge Cowart now writing for the majority, used…
• Polite v. State, 454 So. 2d 769 (Fla. 1st DCA 1984)
  …cts with a wanton or malicious attitude directed toward an individual within or near the vehicle or structure. See also Skinner v. State, 450 So. 2d 595 (Fla.5th DCA 1984), petition for review filed, Case No. 65,510; see generally, Ballard v. State, 447 So. 2d 1040 (Fla.2d DCA 1984). In the circumstances of the present case appellant’s convictions for both battery and throwing a missile at an occupied vehicle could therefore be predicated on the single act of hurling a brick which struck an individual within…
• Carter v. State, 469 So. 2d 775 (Fla. 1st DCA 1984)
  …ion 790.19, the party throwing the object must have intended to hit the building rather than an individual. If that is in fact the holding of the Golden case, it is a case from which this Court now recedes for the reasons stated in Ballard v. State, 447 So. 2d 1040 (Fla. 2d DCA 1984), and Skinner v. State, 450 So. 2d 595 (Fla. 5th DCA 1984). In Skinner, the court disagreed with Golden v. State, supra, and expressly held that: Section 790.19, Florida Statutes (1983), is violated by a person who intentionally s…

Authorities Cited

• Luke v. Morrison Food Servs., Inc., 120 So. 2d 651 (Fla. 2d DCA 1960)