JOHNNY CLYDE PRESLEY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence presented at trial was sufficient to support the jury's verdict of second-degree murder.
Appellant hosted a barbecue and, after an argument, discharged his gun into a car, killing a young girl. Appellant's wife had urged him to return home…
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SMITH, Judge.
Appellant appeals his conviction for second degree murder. After his counsel filed an Anders brief, appellant filed a pro se brief alleging that the evidence at trial was insufficient to support a conviction of second degree murder. We disagree and affirm.
On the afternoon of the homicide, appellant was hosting a barbecue at his home. After observing that an automobile containing six passengers, including the victim, had stopped in the middle of the dirt road in front of his house, he approached the vehicle. One of the passengers in the automobile was a man with whom appellant had previously disagreed. Another argument between them erupted which escalated to the point where appellant took his gun out of his hip pocket and discharged it into the window of the automobile, killing a young girl. Just minutes before the fatal shooting, appellant’s wife had urged him to return to their home to attend to their guests.
We hold that the above facts are sufficient to support the jury’s verdict of second degree murder. See the following cases upholding second degree murder convictions: State v. Bryan, 287 So. 2d 73 (Fla.1973) (intentional and forceful striking of another person in anger with a loaded pistol which accidentally discharged); Larsen v. State, 485 So. 2d 1372 (Fla.lst DCA 1986), aff'd, 492 So. 2d 1333 (Fla.1986) (striking a 49-year-old arthritic woman, weighing 95 pounds, with sufficient force to cause her to suffer a fatal skull fracture when she hit the floor); Hines v. State, 227 So. 2d 334 (Fla. 1st DCA 1969) (pointing a gun at the victim while making joking remarks); Walden v. State, 191 So. 2d 68 (Fla. 1st DCA 1966) (shooting victim as she attempted to escape following an argument in a “juke-joint”); Dellinger v. State, 495 So. 2d 197 (Fla. 5th DCA 1986) (pointing a gun at the victim’s head, without knowing whether it was loaded, and then pulling the trigger).
AFFIRMED.
SHIVERS and ZEHMER, JJ„ concur.
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Gibbs v. State, 904 So. 2d 432 (Fla. 4th DCA 2005)…aved mind regardless of human life.” See Keltner v. State, 650 So. 2d 1066, 1067 (Fla. 2d DCA 1995) (finding the act of pointing loaded weapon in direction of someone and firing is imminently dangerous and evinces a depraved mind); Presley v. State, 499 So. 2d 64 (Fla. 1st DCA 1986) (finding act of approaching vehicle, taking out gun, and shooting into vehicle window supported second degree murder conviction); Dellinger v. State, 495 So. 2d 197 (Fla. 5th DCA 1986) (finding act of pointing rifle at wife witho…
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Andreu v. State, 696 So. 2d 1220 (Fla. 2d DCA 1997)…incing a depraved mind regardless of human life_” § 782.04(2), Fla. Stat. (1995); see also § 777.04(1), Fla. Stat. (1995) (defining an attempt). Obviously, Collins committed such an act; he fired a gun at a man driving a truck. See Presley v. State, 499 So. 2d 64 (Fla. 1st DCA1986) (evidence of argument that resulted in defendant discharging gun into window of automobile and killing young girl sufficient to sustain conviction for second degree murder). If the direct testimony at trial had shown that An-dreu…
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Brown v. State, 966 So. 2d 989 (Fla. 5th DCA 2007)…n while “jacking” Donnell King certainly constituted “an act imminently dangerous to another and evincing a depraved mind regardless of human life.” § 782.04(2), Fla. Stat. (2004); see also State v. Bryan, 287 So. 2d 73 (Fla.1973); Presley v. State, 499 So. 2d 64 (Fla. 1st DCA 1986). To establish that Brown was a principal to the murder of Donnell King, the State was required to prove that he had the intent that the crime against Donnell King be committed and that he did some act to assist in the commission…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Bryan, 287 So. 2d 73 (Fla. 1973)
- Hines v. State, 227 So. 2d 334 (Fla. 1st DCA 1969)
- Sobol v. Sobol, 191 So. 2d 68 (Fla. 3d DCA 1966)
- Dellinger v. State, 495 So. 2d 197 (Fla. 5th DCA 1986)
- Larsen v. State, 485 So. 2d 1372 (Fla. 1st DCA 1986)