CARLOS DANTE REED
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-11-15
No. 18-3831
Lubet, J., Orfinger, J., Edwards, J., Harris, J.
Florida District Court of Appeal, Fifth District (2019)

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Holding

The trial court did not err in denying the defendant's motions for judgment of acquittal where sufficient evidence proved both the murder and its premeditation, and the burglary charge.


Headnotes

[1] Sufficient evidence supports a conviction for first-degree murder where the evidence establishes both that the defendant committed the murder and that the murder was prem…

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Facts & Procedural History

Carlos Dante Reed was indicted, tried, and convicted of first-degree murder with a firearm and burglary of a dwelling with an assault or battery and a…

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CARLOS DANTE REED,

Appellant,

v. Case No. 5D18-3831

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed November 15, 2019

Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.

James S. Purdy, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, Carlos Dante Reed, was indicted, tried, and convicted of first-degree murder with a firearm (Count One) and burglary of a dwelling with an assault or battery and a firearm (Count Two). He argues on appeal that the trial court erred in denying his motions for judgment of acquittal. We find no error in the trial court allowing the firstdegree murder charge to go to the jury, as there was sufficient evidence to prove both

2

that Appellant murdered the victim and that the murder was premeditated. See Ford v. State, 267 So. 3d 1070, 1075 (Fla. 1st DCA 2019). Nor did the trial court err in denying Appellant’s motion regarding Count Two. See In re M.E., 370 So. 2d 795, 797 (Fla. 1979).

AFFIRMED.

ORFINGER, EDWARDS, and HARRIS, JJ., concur.


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