EDUARDO A. GONZALEZ, APPELLANT,

v.

TERESA M. GONZALEZ, APPELLEE

Citator

Cited By

• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-04, 131 So. 3d 720 (Fla. 2013)
  …[shoots] a different person, the law transfers the intent to [hit] [strike] [shoot] from the person who was aimed at to the person who was actually [hit] [struck] [shot]. Comments See State v. Brady, 745 So. 2d 954 (Fla.1999) and Nelson v. State, 853 So. 2d 563 (Fla. 4th DCA 2003). This instruction was adopted in 2013. 8.22 WRITTEN THREAT TO [KILL] [DO BODILY INJURY] § 836.10, Fla. Stat. To prove the crime of Written Threat to [Kill] [Do Bodily Injury], the State must prove the following three elements…
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-01, 228 So. 3d 87 (Fla. 2017)
  …oots] a different person, the law transfers the intent to [hit] [strike] [shoot] from the person who was aimed at to theany person who was actually [hit] [struck] [shot]. Comments See State v. Brady, 745 So. 2d 954 (Fla. 1999) and Nelson v. State, 853 So. 2d 563 (Fla. 4th DCA 2003). Also, in Mordica v. State, 618 So. 2d 301, 303 (Fla. 1st DCA 1993), the First District rejected the contention that the doctrine of transferred intent is applicable only where the defendant entirely misses the intended victim an…
• State v. Williams, 127 So. 3d 890 (Fla. 1st DCA 2013)
  …been excusable or justifiable homicide upon the theory of self-defense, then the unintended killing of a bystander, by a random shot fired in the proper and prudent exercise of such self-defense, is also excusable or justifiable.”), Nelson v. State, 853 So. 2d 563, 565 (Fla. 4th DCA 2003) (agreeing Nelson “should have been entitled to transfer his theory of self-defense to defend against the transferred intent crime”), and V.M. v. State, 766 So. 2d 280, 281 (Fla. 4th DCA 2000) (“Where self-defense is a viable…

Authorities Cited

• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)