DONALD KELTNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence was sufficient to support a conviction for second-degree murder and that the sentence imposed exceeded the statutory maximum.
The defendant was convicted of second-degree murder and shooting into a building. Evidence of other shootings involving the same weapon was admitted, …
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RYDER, Acting Chief Judge.
Donald Keltner appeals his convictions for second degree murder1 and shooting at, within or into a building2. We affirm his convictions, but reverse and remand for re-sentencing.
Keltner contends that the evidence was insufficient to warrant the jury’s finding that he evinced a depraved mind in shooting the victim. From our review of the evidence in this case, we find that the act of pointing a loaded firearm in someone’s direction and then firing it is imminently dangerous to another and evinces a depraved mind. Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990); Edwards v. State, 302 So. 2d 479 (Fla. 3d DCA 1974).
The appellant also argues that the trial court improperly allowed the state to introduce evidence concerning his shooting into a residence and shooting himself a few days later. The state carefully linked the same weapon to the three shootings. These events were relevant to help establish his identity as the perpetrator and were in close proximity to the time of the murder which occurred shortly thereafter. See Remeta v. State, 522 So. 2d 825 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 182, 102 L.Ed.2d 151 (1988).
Keltner correctly asserts, however, that his sentence of fifteen years’ incarceration followed by life probation exceeds the statutory maximum of forty years. Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993).
Accordingly, although we affirm his convictions, we reverse and remand for resentencing.
ALTENBERND and LAZZARA, JJ., concur. . § 782.04(2), Fla.Stat. (1993).
. § 790.19, Fla.Stat. (1993).
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Citator
Cited By
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Gibbs v. State, 904 So. 2d 432 (Fla. 4th DCA 2005)…l.” § 782.04(2), Fla. Stat. (2000). Pointing a loaded gun at the head of the victim and then firing has frequently been held to be an act “imminently dangerous to another and evincing a depraved 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, tak…
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Baldwin v. State, 666 So. 2d 240 (Fla. 2d DCA 1996)…dings and Baldwin was then sentenced to a specified term of twenty-five years followed by life probation. Baldwin correctly asserts that such a sentence is illegal because it exceeds the statutory maximum of forty years. See, e.g., Keltner v. State, 650 So. 2d 1066 (Fla. 2d DCA 1995); Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993). Accordingly, we reverse and remand this ease to the trial court for resentencing. PATTERSON, A.C.J., and QUINCE and WHATLEY, JJ., concur.…
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Herrera v. State, 804 So. 2d 621 (Fla. 3d DCA 2002)…PER CURIAM. Affirmed. See Weiand v. State, 732 So. 2d 1044 (Fla.1999); Keltner v. State, 650 So. 2d 1066 (Fla. 2d DCA 1995); § 924.06(1)(e), Fla. Stat. (2000).…
Authorities Cited
- Thompson v. Louisiana, 488 U.S. 871 (U.S. 1988)
- Remeta v. State, 522 So. 2d 825 (Fla. 1988)
- Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993)
- Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990)
- Edwards v. State, 302 So. 2d 479 (Fla. 3d DCA 1974)