VIRGIL RAY MCDANIEL, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence presented was insufficient to support a conviction for second-degree murder, as it did not demonstrate a depraved mind.
The defendant's son initiated a physical altercation by striking the defendant. The defendant responded by using a knife, which the court found may ha…
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PER CURIAM.
Appellant was convicted of second degree murder of his son. He argues that the trial court erred in submitting the second degree murder charge since at most the evidence proved only the crime of manslaughter. We agree and reverse based on Borders v. State, 433 So. 2d 1325 (Fla. 3d DCA1983); Pierce v. State, 376 So. 2d 417 (Fla. 3d DCA1979), cert. denied, 386 So. 2d 640 (Fla.1980); and Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA1978), cert. denied, 367 So. 2d 1125 (Fla.1979).
In the instant case, the record reveals that Ray, the son and victim, initiated the altercation by hitting his father in the mouth and knocking him to the ground. Although the father’s use of a knife to ward off further attack by his son may have been excessive, thereby negating a finding of self-defense, his acts did not evince a depraved mind. No evidence was presented that McDaniel acted out of ill will, hatred, spite, or an evil intent. The state failed to prove a prima facie case of second degree murder. Therefore, we reduce his conviction to manslaughter and remand to the trial court for resentencing.
We find no error in the remaining points raised. Reversed and remanded for further proceedings.
WARNER, POLEN and KLEIN, JJ., concur.
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Citator
Cited By (14 total)
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Light v. State, 841 So. 2d 623 (Fla. 2d DCA 2003)…any malice. Moreover, other cases demonstrate that an impulsive overreaction to an attack or injury is itself insufficient to prove ill will, hatred, spite, or evil intent. See Williams v. State, 674 So. 2d 177 (Fla. 2d DCA 1996); McDaniel v. State, 620 So. 2d 1308 (Fla. 4th DCA 1993). Although exceptions exist, the crime of second-degree murder is normally committed by a person who knows the victim and has had time to develop a level of enmity toward the victim. See, e.g., Conyers v. State, 569 So. 2d 1360 (…
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Dorsey v. State, 74 So. 3d 521 (Fla. 4th DCA 2011)…rim.) 7.4. Florida courts have held that an impulsive overreaction to an attack or injury is itself insufficient to prove ill will, hatred, spite, or evil intent. See, e.g., Light v. State, 841 So. 2d 623, 626 (Fla. 2d DCA 2003); McDaniel v. State, 620 So. 2d 1308 (Fla. 4th DCA 1993). “Although exceptions exist, the crime of second-degree murder is normally committed by a person who knows the victim and has had time to develop a level of enmity toward the victim.” Light, 841 So. 2d at 626. Moreover, “[hjatred…
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Wiley v. State, 60 So. 3d 588 (Fla. 4th DCA 2011)…icient from which to infer any malice. Moreover ... an impulsive overreaction to an attack or injury is itself insufficient to prove ill will, hatred, spite, or evil intent.” Light v. State, 841 So. 2d 623, 626 (Fla. 2d DCA 2003); McDaniel v. State, 620 So. 2d 1308 (Fla. 4th DCA 1993); Williams v. State, 674 So. 2d 177, 178 (Fla. 2d DCA 1996). Further, “[ajlthough exceptions exist, the crime of second-degree murder is normally committed by a person who knows the victim and has had time to develop a level of en…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978)
- Borders v. State, 433 So. 2d 1325 (Fla. 3d DCA 1983)
- Pierce v. State, 376 So. 2d 417 (Fla. 3d DCA 1979)