ENRIQUE FERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-08-11
No. 91-2449
Before BASKIN, COPE and GERSTEN, JJ.
603 So. 2d 133 Florida District Court of Appeal, Third District (1992)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court affirmed the murder conviction but reversed the second-degree grand theft conviction, remanding for correction to third-degree grand theft.


Facts & Procedural History

Appellant was convicted of first-degree murder for shooting a victim and second-degree grand theft for purchasing a stolen gun. The murder conviction …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

[*134] PER CURIAM.

Appellant, Enrique Fernandez, appeals his convictions and sentences for first degree murder and grand theft. We affirm in part and reverse in part.

Appellant’s murder conviction stemmed from a barroom incident where appellant called the victim to the outside of the bar and shot him. Appellant claims that the victim was a bully who demanded that appellant buy him a beer whenever they met at the bar. Several days prior to the incident, the victim slapped appellant. Appellant then purchased a stolen gun in order to confront the victim. At trial, appellant argued that the killing had not been premeditated, but rather, self defense.

We find no error in appellant’s conviction and sentence for murder:

The question of whether the evidence fails to exclude all reasonable hypothesis of innocence is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, we will not reverse a judgment based upon a verdict returned by the jury.

Heiney v. State, 447 So. 2d 210 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984).

However, the State concedes, and we agree, that appellant was mistakenly adjudicated guilty of second degree grand theft based on his purchase of the stolen gun. § 812.014(l)(b), Fla.Stat. (1989).

In order to be convicted of second degree grand theft, section 812.014(l)(b), Florida Statutes (1989), the defendant must have stolen property valued at $20,000 or more. Theft of property worth less than $20,000 but more than $300, or theft of a firearm, constitutes third degree grand theft. § 812.014(l)(c), Fla.Stat. (1989).

Accordingly, appellant’s conviction for second degree grand theft is reversed, and the cause remanded for correction of the judgment to reflect a conviction and appropriate sentence for third degree grand theft. See Kearns v. State, 575 So. 2d 330 (Fla. 2d DCA 1991).

Affirmed in part, reversed in part, and remanded.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw