REINALDO MARTINEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Reinaldo Martinez appealed his conviction for second-degree murder and unlawful possession of a firearm. The court agreed that the state failed to prove the essential element of a depraved mind for second-degree murder and reversed the conviction, reducing it to manslaughter, while affirming the firearm conviction and sentence.
The state failed to establish the essential element of depraved mind for second-degree murder. The evidence showed defendant killed shortly after responding to protect his daughter and being physically assaulted, constituting a classic case of manslaughter based on adequate legal provocation. The trial court should have reduced the charge to manslaughter upon defendant's motion for judgment of acquittal.
[1] A conviction for second degree murder requires proof of a "depraved mind regardless of human life," an element not established when the killing occurs in response to a ph…
[2] A jury may reasonably reject a claim of self-defense and find excessive force, leading to a manslaughter conviction, when a defendant uses deadly force against an unarmed…
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Join FLexlaw to unlock all legal intelligence“the state failed to establish that the defendant killed the deceased with a depraved mind regardless of human life, an essential element of the crime of second degree murder”
Establishes the core holding that the prosecution did not prove the required mental state for second-degree murder
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Join FLexlaw to unlock all legal intelligenceMartinez responded to his daughter's telephone call asking him to come protect her from a physical attack by the deceased (her husband). Upon arrival …
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HUBBART, Judge.
The defendant Reinaldo Martinez appeals a judgment of conviction and sentence for second degree murder [§ 782.04(2) Fla.Stat. (1977)] and unlawful possession of a firearm while engaged in a felony [§ 790.07 Fla. Stat. (1977)] and contends inter alia that the state failed to establish a prima facie case of second degree murder and that the trial court should therefore have entered a judgment of acquittal upon his motion made at the close of all the evidence at trial.
We agree in part and reduce the judgment of conviction to manslaughter. § 924.34, Fla.Stat. (1977). Our review of the record reveals that the state failed to establish that the defendant killed the deceased with a depraved mind regardless of human life, an essential element of the crime of second degree murder. Ramsey v. State, 114 Fla. 766, 154 So. 855 (1934); Manual v. State, 344 So. 2d 1317 (Fla. 2d DCA 1977); Raneri v. State, 255 So. 2d 291, 294 (Fla. 1st DCA 1971).
Indeed, the evidence is overwhelming that defendant killed the deceased shortly after (1) the defendant responded to his daughter’s telephone call to him to come to the deceased’s house to protect his said daughter against a physical attack by the deceased, and (2) the defendant was physically assaulted by the deceased upon his arrival at the deceased’s house. The deceased and the defendant’s daughter were husband and wife.
Nevertheless, we agree with the state that there was sufficient, although conflicting evidence adduced at trial upon which a jury could have reasonably rejected the defendant’s claim of self-defense and concluded that the defendant used excessive force to defend himself or his daughter. The defendant killed the deceased with a firearm while the deceased was unarmed under circumstances which, under one reasonable view of the evidence, did not warrant the infliction of deadly force. As such, a classic case of manslaughter based on adequate legal provocation was therefore presented.
The trial court should have accordingly reduced the charge from second degree murder to manslaughter upon the defendant’s motion for judgment of acquittal made at the close of all the evidence in the case. Popps v. State, 120 Fla. 387, 162 So. 701 (1935); Perkins on Criminal Law 60, 1013-16 (2d ed. 1969). See also Randolph v. State, 290 So. 2d 69 (Fla. 3d DCA 1974); Hedges v. State, 165 So. 2d 213, 215 (Fla. 2d DCA 1964).
We have carefully considered the defendant’s second contention on appeal and find it to be unpersuasive as a basis for upsetting this conviction. We cannot say that the trial court abused its discretion in refusing to allow the defendant to reopen his case and call an additional defense witness after he had rested. Sylvia v. State, 210 So. 2d 286 (Fla. 3d DCA 1968).
The judgment of conviction on the crime of second degree murder is reversed and the cause remanded to the trial court with directions to enter a judgment of conviction for manslaughter. The sentence imposed, however, on the second decree murder conviction is affirmed because it is within the statutory maximum provided by law for the crime of manslaughter. § 782.-07 Fla.Stat. (1977). The judgment of conviction and sentence for the crime of unlawful possession of a firearm while engaged in a felony is affirmed. The provision in the sentence imposed as to both of the above crimes relating to “hard labor” is hereby stricken as unauthorized under Florida law. Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977); McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975).
Affirmed in part; reversed in part.
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Citator
Cited By (15 total)
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Harper v. State, 411 So. 2d 235 (Fla. 3d DCA 1982)…the evidence was legally insufficient to show that Harper acted with a depraved mind regardless of human life, an indispensable element of the crime of second degree murder. See, Pierce v. State, 376 So. 2d 417 (Fla. 3d DCA 1979); Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978); Raneri v. State, 256 So. 2d 291 (Fla. 1st DCA 1971). Although in both the Pierce case, supra, and the Martinez case, supra, the evidence was held sufficient to create a jury issue as to whether the accused had used excessive forc…
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Larsen v. State, 485 So. 2d 1372 (Fla. 1st DCA 1986)…essity for the use of force on this occasion, and the relative harm-causing potential of the two combatants distinguishes this case from those relied upon by appellant, e.g., Pierce v. State, 376 So. 2d 417 (Fla. 3d DCA 1979), and Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978). As this court stated in Hines v. State, 227 So. 2d 334, 335 (Fla. 1st DCA 1969): [*1374] “Depraved mind” within the second degree murder statute has been variously defined as importing malice in the sense of ill will, hatred, or…
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Pimentel v. State, 442 So. 2d 228 (Fla. 3d DCA 1983)…dissenting). The evidence presented at trial failed to establish that Pimentel acted with a depraved mind regardless of human life, an essential element of second degree murder. Ramsey v. State, 114 Fla. 766, 154 So. 855 (1934); Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978); Raneri v. State, 255 So. 2d 291 (Fla. 1st DCA 1971). At most, the state established that appellant’s acts constituted culpable negligence. McCray v. State, 350 So. 2d 1126 (Fla. 2d DCA 1977). I would, therefore, reduce the convic…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Ramsey v. State, 114 Fla. 766 (Fla. 1934)
- Sylvia v. State, 210 So. 2d 286 (Fla. 3d DCA 1968)
- Manuel v. State, 344 So. 2d 1317 (Fla. 2d DCA 1977)
- Popps v. State, 120 Fla. 387 (Fla. 1935)
- Vesta Hedges v. State, 165 So. 2d 213 (Fla. 2d DCA 1964)
- Frazier v. Louie L. Wainwright, 255 So. 2d 291 (Fla. 4th DCA 1971)
- Raneri v. State, 255 So. 2d 291 (Fla. 1st DCA 1971)
- Levinson v. State, 290 So. 2d 69 (Fla. 3d DCA 1974)
- Randolph v. State, 290 So. 2d 69 (Fla. 3d DCA 1974)