RODRIGO BONILLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-09-23
No. 3D07-2476
Before GERSTEN and CORTINAS, and SCHWARTZ, Senior Judge.
19 So. 3d 431 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 4 cases
Topics
Self Defense Second Degree Murder

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Opinion of the Court
SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Rejecting the appellant’s primary position on appeal, we conclude — notwithstanding the very sketchy nature of the record as to the surrounding circumstances — that the singular fact that the defendant drove a butcher knife five and three-quarter inches into the victim’s chest, reaching his heart and causing his death, was itself sufficient to establish the “depraved mind” element of second degree murder, of which Bonilla was convicted after a jury trial. See State v. Bryan, 287 So.2d 73 (Fla.1973), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1974); Todd v. State, 756 So.2d 145 (Fla. 5th DCA 2000); Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969); Davis v. State, 317 Ark. 592, 879 S.W.2d 439 (1994); see also State v. Davidson, No. C.C.A. No. 88—231—III, 1989 WL 76326 (Tenn.Crim.App. Oct. 2, 1989).

We find no merit in the appellant’s contention that self-defense was established as a matter of law.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Herrera v. State, 40 So. 3d 882 (Fla. 3d DCA 2010)
    …PER CURIAM. Lorenzo Herrera appeals the denial of a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate his sentence. An order denying a 3.800(c) motion is not appealable. Thomas v. State, 19 So. 3d 431 (Fla. 3d DCA 2009). Accordingly, we dismiss the appeal. Appeal dismissed.…
  • Richardson v. State, 45 So. 3d 937 (Fla. 3d DCA 2010)
    …e appellant is not entitled to any relief. Reversed and remanded for further proceedings.1 . The appeal is dismissed insofar as it attempts to seek review of the trial court’s order denying the motion to mitigate sentence. See Thomas v. State, 19 So. 3d 431 (Fla. 3d DCA 2009).…
  • Rodrigo Bonilla v. State, 87 So. 3d 1222 (Fla. 3d DCA 2012)
    …t District Court of Appeal decided Montgomery v. State, 70 So. 3d 603 (Fla. 1st DCA 2009), affd, 39 So. 3d 252 (Fla.2010). However, appellate counsel did not raise that issue in Bonilla’s appeal. This Court affirmed the conviction. Bonilla v. State, 19 So. 3d 431 (Fla. 3d DCA 2009). Thereafter, Bonilla filed a petition for habeas corpus seeking relief under Montgomery. We denied relief, but certified conflict with that decision. Following its opinion in State v. Montgomery, 39 So. 3d 252 (Fla.2010), the Sup…

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