K.B., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A juvenile was charged with attempted second-degree murder for stabbing a victim multiple times during a fight. The trial court erroneously adjudicated her delinquent of attempted first-degree murder instead of the charged offense, and the appellate court affirmed the conviction while modifying it to reflect the correct charge.
The evidence was sufficient to establish attempted second-degree murder because K.B.'s repeated acts of stabbing and attempting to stab were acts "imminently dangerous to another and evincing a depraved mind regardless of human life." However, the trial court erred by adjudicating K.B. delinquent of attempted first-degree murder rather than the charged offense of attempted second-degree murder.
[1] Evidence of repeatedly stabbing a victim and attempting to stab them again after they are severely injured and unarmed is sufficient to sustain a charge of attempted seco…
[2] Acts "imminently dangerous to another and evincing a depraved mind regardless of human life" are an essential element of attempted second-degree murder.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the respondent repeatedly stabbed the victim with a four-inch steak knife in the victim's stomach, face, and shoulder or neck; the respondent then pursued the victim, who was severely injured and unarmed, and was in the process of attempting to stab the victim again when an intervening school teacher disarmed the respondent”
Establishes the factual basis for finding sufficient evidence of attempted second-degree murder
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceK.B., a juvenile, initiated a fist fight with the victim and repeatedly stabbed her with a four-inch steak knife in the stomach, face, and shoulder/ne…
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[*826] PER CURIAM.
We reject the respondent K.B.’s central contention on appeal that the trial court erred in denying her motion to reduce the charge of attempted second-degree murder to aggravated battery because, on this record, there was sufficient evidence adduced to sustain the charge of attempted second-degree murder. During a fist fight with the victim which the respondent initiated, the respondent repeatedly stabbed the victim with a four-inch steak knife in the victim’s stomach, face, and shoulder or neck; the respondent then pursued the victim, who was severely injured and unarmed, and was in the process of attempting to stab the victim again when an intervening school teacher disarmed the respondent; the respondent later told the police that “[I] wasn’t going to waste time fighting anymore,” “[I] pulled out the knife out of [my] pocket book and stabbed her with it.” Contrary to respondent’s argument, this evidence was more than sufficient to establish that the respondent’s repeated acts of stabbing and attempting to stab the victim were acts “imminently dangerous to another and evincing a depraved mind regardless of human life,” an essential element of attempted second-degree murder. Huntley v. State, 66 So. 2d 504 (Fla.1953); Conyers v. State, 569 So. 2d 1360 (Fla. 1st DCA 1990); Ellison v. State, 547 So. 2d 1003 (Fla. 1st DCA 1989), approved in part, 561 So. 2d 576 (Fla.1990); Dellinger v. State, 495 So. 2d 197 (Fla. 5th DCA 1986), cert. denied, 503 So. 2d 326 (Fla.1987); Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA), rev. denied, 402 So. 2d 613 (Fla.1981); Turner v. State, 298 So. 2d 559 (Fla. 3d DCA 1974); Hines v. State, 227 So. 2d 334, 336 (Fla. 1st DCA 1969); Weaver v. State, 220 So. 2d 53 (Fla. 2d DCA), cert. denied, 225 So. 2d 913 (Fla.1969).
The respondent, however, was erroneously adjudicated delinquent of attempted first-degree murder — rather than attempted second-degree murder, the offense with which the respondent was charged in the amended petition for delinquency filed below. We, accordingly, modify the said adjudication of delinquency to reflect that the offense for which the respondent was adjudicated delinquent was attempted second-degree murder. Affirmed as modified.
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Readon v. State, 755 So. 2d 197 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. K.B. v. State, 594 So. 2d 825 (Fla. 3d DCA 1992); see Evans v. State, 452 So. 2d 987 (Fla. 3d DCA 1984); Grissom v. State, 237 So. 2d 57 (Fla. 3d DCA 1970).…
Authorities Cited (11 total)
- Hines v. State, 227 So. 2d 334 (Fla. 1st DCA 1969)
- Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA 1981)
- State v. Ellison, 561 So. 2d 576 (Fla. 1990)
- Ellison v. State, 547 So. 2d 1003 (Fla. 1st DCA 1989)
- Dellinger v. State, 495 So. 2d 197 (Fla. 5th DCA 1986)
- Weaver v. State, 220 So. 2d 53 (Fla. 2d DCA 1969)
- Turner v. State, 298 So. 2d 559 (Fla. 3d DCA 1974)
- Huntley v. State (two cases), 66 So. 2d 504 (Fla. 1953)
- Weaver v. State, 225 So. 2d 913 (Fla. 1969)
- Finney v. State, 225 So. 2d 913 (Fla. 1969)