JESSE SKINNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1985-05-30
No. 65510
BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
470 So. 2d 702 Florida Supreme Court (1985) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We accepted jurisdiction because of direct and express conflict between the case here, Skinner v. State, 450 So. 2d 595 (Fla. 5th DCA 1984), and Golden v. State, 120 So. 2d 651 (Fla. 1st DCA 1960). Since that time the First District Court of Appeal has receded from Golden and expressly adopted the reasoning of the case here, Skinner, and Ballard v. State, 447 So. 2d 1040 (Fla. 2d DCA 1984). See Carter v. State, 469 So. 2d 775 (Fla. 1st DCA 1984), panel decision adopted by court en banc April 25, 1985. The conflict having been resolved while this cause has been pending, we exercise our discretion to decline to proceed further and deny review.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.


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  • State v. Kettell, 980 So. 2d 1061 (Fla. 2008)
    …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 at a person in or near the building, as well as by a per…
  • Holtsclaw v. State, 542 So. 2d 437 (Fla. 5th DCA 1989)
    …; 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), rev. 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 at a person in or near the building, as well as by a per…
  • Mitchell v. Race, 357 So. 3d 720 (Fla. 2024)

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