ARNOLD FRANCIS IRWIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Elbert Roy Smith v. State, 463 So. 2d 542 (Fla. 5th DCA 1985)
  …o. 2d 651 (Fla. 1st DCA 1960) as support for his position. Because the statute has been amended since the Golden decision so that it now proscribes shooting at, within or into a building, we have chosen not to follow that case. See Skinner v. State, 450 So. 2d 595 (Fla. 5th DCA 1984). A defendant may be convicted under this statute when he intentionally shoots at someone or something within the building as well as when he shoots at or into the building itself. Thus the trial court did not err in refusing to d…
• State v. Kettell, 980 So. 2d 1061 (Fla. 2008)
  …the shots were made without an intent to injure anyone; or (2) the shots were not directed at anyone. None of these reasons constitute defenses to section 790.19, by its own language, nor does case law so construe it. As we said in Skinner v. State, 450 So. 2d 595, 596 (Fla. 5th DCA 1984), review denied, 470 So. 2d 702 (Fla.1985): [We] hold that section 790.19 ... is violated by a person who intentionally shoots at, within, or into a building for the primary purpose, or with the specific intent, of shooting…

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• Austin v. State, 700 So. 2d 1233 (Fla. 4th DCA 1997)
  …rida Statutes, have resolved that a person who “intentionally shoots at, within, or into a building for the primary purpose, or with the specific intent, of shooting at a person in or near the building” has violated section 790.19. Skinner v. State, 450 So. 2d 595, 596 (Fla. 5th DCA 1984) (emphasis added); Smith v. State, 463 So. 2d 542, 545-46 (Fla. 5th DCA 1985). This reasoning applies equally to a thrown missile. Additionally, the missing officer’s testimony would not have added anything regarding this iss…

Authorities Cited

• Knight v. State, 394 So. 2d 997 (Fla. 1981)
• Smith v. State, 400 So. 2d 956 (Fla. 1981)
• Sandor Suto v. State, 422 So. 2d 924 (Fla. 2d DCA 1982)