Arrestable Offenses / Crimes under Fla. Stat. 782.04
S782.04 3 - HOMICIDE - RENUMBERED. SEE REC # 8930 - F: F
S782.04 1a2 - HOMICIDE - RENUMBERED. SEE REC # 8867 - F: C
S782.04 1a2r - HOMICIDE - RENUMBERED. SEE REC #10609 - F: C
S782.04 1a2r - THREAT - TERRORISTIC - STATE OFFENSES - MURDER WHILE ENGAGED IN/FURTHERANCE TERRORISM - F: C
S782.04 1a3 - HOMICIDE - RENUMBERED. SEE REC # 8921 - F: C
S782.04 1a3i - HOMICIDE - RENUMBERED. SEE REC # 9574 - F: C
CopyCited 576 times | Published | Supreme Court of Florida
...2726 (1972), and the decision of the Supreme Court of Florida in Donaldson v. Sack, (Florida 1972),
265 So.2d 499." In the case of State v. Hunter and Moore, the questions certified are: "1. Whether the new Florida Murder Statute, Ch. 72-724, Laws of Florida (1972) amending Florida Statute sections
782.04 and
921.141, is unconstitutionally vague in violation of the due process and equal protection guaranteed by the Constitutions of the United States and of the State of Florida because a grand jury when called upon to consider bringing an indictment would be unable to distinguish the language between Murder in the First Degree and Murder in the Second Degree. "2. Whether the new Florida Murder Statute, Ch. 72-724, Laws of Florida (1972), amending Florida Statute sections
782.04 and
921.141, is unconstitutionally vague in violation of the due process and equal protection guaranteed by the Constitutions of the United States and of the State of Florida because a trial judge cannot determine what specific crimes are embo...
...jury and conduct a trial under the requirements set forth by the Supreme Court of Florida in State v. Washington,
268 So.2d 901 (Fla. 1972)." In the case of State v. Sheppard, the questions certified are: "Whether the provisions of Florida Statutes
782.04,
775.082 and
921.141 prescribing the penalties for felonies and misdemeanors, the definitions of the degrees of murder and the methods and means of determining the penalty to be imposed upon conviction or adjudication of guilt of a defendant of a capital felony: "A....
...Is placing upon the defendant the burden of proving mitigating circumstances in violation of his right *4 against self-incriminating as provided in the Fifth Amendment to the Constitution of the United States?" The statutes involved in the questions before this Court are Fla. Stat. §§
775.082,
782.04, and
921.141, F.S.A....
...e proceeding held to determine sentence according to the procedure set forth in section
921.141 results in findings by the court that such person shall be punished by death, and in the latter event such person shall be punished by death." Fla. Stat. §
782.04, F.S.A., the statute under which all the accuseds before this Court are charged, deals with the crime of murder and provides: "(1)(a) The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of...
...y do not provide *9 meaningful restraints and guidelines for the discretion of judge and jury. We disagree. The aggravating circumstances of Fla. Stat. §
921.141(6), F.S.A., actually define those crimes when read in conjunction with Fla. Stat. §§
782.04(1) and 794.01(1), F.S.A....
...igence and knowledge easily conceives the concepts involved. Fla. Stat. §
921.141(6)(d), F.S.A., provides that the commission of a capital felony as part of another dangerous and violent felony constitutes not only a capital felony under Fla. Stat. §
782.04(1), F.S.A., but also an aggravated capital felony....
...Georgia, supra , can be controlled and channeled until the sentencing process becomes a matter of reasoned judgment rather than an exercise in discretion at all. *11 The Circuit Courts of Duval and Orange Counties have also certified questions involving the interpretation of Fla. Stat. § 782.04, F.S.A., insofar as it defines the crimes of murder in the first degree and murder in the second degree. As quoted above, Fla. Stat. § 782.04(2), F.S.A., provides that murder "committed in the perpetration of or in the attempt to perpetrate" any one of seven specified violent felonies is a murder of the second degree. A murder "committed by a person engaged in the perpetration of or in the attempt to perpetrate" any of the same violent felonies is a murder in the first degree. Fla. Stat. § 782.04(1)(a), F.S.A....
...of the grand jury. We disagree, and hold that the statute does establish two separate and easily distinguishable degrees of crime, depending upon the presence of the defendant as a principal in the first or second degree. Under the prior Fla. Stat. § 782.04, F.S.A....
...tions of principal in the first degree, principal in the second degree, and accessory before the fact were all combined within the statutory definition of principal in the first degree in Fla. Stat. § 776.011, F.S.A., and in the repealed Fla. Stat. § 782.04, F.S.A....
...As to the distinction in any particular case, we need but refer to the rich heritage of case law on the distinctions between principals in the first or second degree and accessories before the fact. Having reviewed the statutes under consideration, it is the opinion of this Court that Fla. Stat. §§
775.082,
782.04 and
921.141, F.S.A., are constitutional as measured by the controlling law of this State and under the constitutional test provided by Furman v....
...1972); In re Baker,
267 So.2d 331 (Fla. 1972); Donaldson v. Sack,
265 So.2d 499 (Fla. 1972). [4] All felonies were classified as either capital or first, second, or third degree felonies. §
775.081(1), F.S. 1971 F.S.A. Capital felonies included: premeditated murder, §
782.04(1), F.S. 1971 F.S.A. felony murders, i.e., murders committed in the perpetration of or in the attempt to perpetrate arson, burglary, rape, robbery, abominable and detestable crime against nature, or kidnapping, §
782.041 (1), F.S....
...life imprisonment. A defendant found guilty by the court of a capital felony on a plea of guilty or when a jury is waived shall be sentenced to death or life imprisonment, in the discretion of the court." [6] Capital felonies are now defined by F.S. § 782.04, F.S.A....
...(f) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; "(g) The age of the defendant at the time of the crime." (Emphasis supplied). [6] Compare Section 782.04(1)(a), Florida Statutes, as amended by Chapter 72-724, Laws of Florida: " The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed or any human being, or when committed...
...r the age of seventeen (17) years when such drug is proven to be the proximate cause of the death of the user shall be murder in the first degree and shall constitute a capital felony, punishable as provided in §
775.082." (Emphasis supplied.) with Section
782.04(2), Florida Statutes, as amended by Chapter 72-724, Laws of Florida: "When perpetrated by any act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effec...
CopyCited 261 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 445
...[3] In pertinent part, the charge on attempted homicide alleges that Carawan did unlawfully attempt to murder MEMPHIS KNIGHTEN from a premeditated design to kill him and in furtherance of said attempt did shoot at him with a shotgun contrary to Florida Statute
782.04 and
777.04....
CopyCited 194 times | Published | Supreme Court of Florida | 2000 WL 1508592
...tantive claims are without merit. For example, the Court has previously rejected claims that electrocution is cruel and unusual punishment, [5] challenges to the constitutionality of section
921.141, Florida *644 Statutes (1999), [6] and claims that section
782.04(1), Florida Statutes (1999), the felony-murder statute, is unconstitutional....
CopyCited 159 times | Published | Court of Appeals for the Eleventh Circuit | 2012 U.S. App. LEXIS 4114, 2012 WL 630204
...C. § 2254 petition challenging his Florida second-degree murder conviction. After review and oral argument, we affirm. I. BACKGROUND An information charged Petitioner Rozzelle with one count of second-degree murder, in violation of Florida Statutes § 782.04(2). This appeal centers around the "depraved mind" mens rea in § 782.04(2), which defines second-degree murder as "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." Fla. Stat. § 782.04(2)....
..."; (2) "the death was caused by the criminal act of Roger Allen Rozzelle"; and (3) "there was an unlawful killing of Greg Leier by an act imminently dangerous to another and demonstrating a depraved mind without regard to human life." See Fla. Stat. § 782.04(2)....
...e noted above, a conviction for second-degree murder in Florida requires that the defendant kill "by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design." Fla. Stat. § 782.04(2)....
CopyCited 156 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 204, 2010 Fla. LEXIS 474, 2010 WL 1372701
...In order to establish first-degree premeditated murder, proof of the defendant's intent to kill the victim is required. In fact, not only must a jury find that the defendant intended to kill the victim, it must find that the defendant did so with premeditationa heightened level of intent. Section 782.04(1)(a), Florida Statutes (2005), defines first-degree premeditated murder as "[t]he unlawful killing of a human being" that is "perpetrated from a premeditated design to effect the death of the person killed or any human being." (Emphas...
...Second-degree murder is an unlawful killing that is "perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life ... without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 153 times | Published | Supreme Court of Florida | 2002 WL 31386790
...Although the sentencing schemes in Florida and Arizona differ in that an Arizona jury has no role in the penalty phase of a death penalty proceeding, the statutes are otherwise identical regarding the prerequisites to the imposition of the maximum penalty. In Florida, section
782.04(1)(a) defines first-degree murder as *720 a capital felony and section
782.04(1)(b) provides that the procedure in section
921.141 shall be followed to determine a sentence of death or life imprisonment....
...[26] The court found that the murder was committed for pecuniary gain and in an "especially heinous, cruel or depraved" manner. See Ring, 536 U.S. at ___,
122 S.Ct. at 2435. [27] The court found that Ring had a minimal criminal record. See id. [28] The court struck the "depraved" circumstance. See id. at 2436. [29] See §
782.04, Fla....
CopyCited 148 times | Published | Supreme Court of Florida | 1990 WL 82927
...ithout merit. Proffitt v. Florida,
428 U.S. 242,
96 S.Ct. 2960,
49 L.Ed.2d 913 (1976); State v. Dixon,
283 So.2d 1 (Fla. 1973), cert. denied,
416 U.S. 943,
94 S.Ct. 1950,
40 L.Ed.2d 295 (1974). [4] Premeditation as an element of first-degree murder, §
782.04(1)(a)(1), Fla....
CopyCited 146 times | Published | Supreme Court of Florida
...he various degrees of the offense charged in the indictment. When the offense charged is first degree murder, whether grounded on specifically alleged premeditated design, or whether committed in the perpetration of certain felonies as proscribed by Section 782.04, Florida Statutes, F.S.A., the defendant is entitled to have the jury advised on all the degrees of unlawful homicide, including manslaughter....
CopyCited 145 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 16878, 2009 WL 3787067
...He complains *134 that the grand jury indicted him for murder, stating that he "did unlawfully, while engaged in the perpetration of, or in the attempt to perpetrate a robbery, kill and murder [the victim], a human being, by hitting her in the head with a hatchet in violation of Florida Statute 782.04." He believes that he could not plead nolo contendere to first-degree felony murder in light of the language of this charging document. He believes that the indictment needed to allege that he committed the crime with "premeditated design." Clearly, he is confused about the nature of first-degree felony murder versus first-degree premeditated murder. See § 782.04(1)(a), Fla....
CopyCited 139 times | Published | Supreme Court of Florida
...Defendant argues that even if the evidence supports a murder in the first degree verdict, and we have satisfied ourselves it does, he was not given a fair trial before an impartial jury on the all important matter of recommendation of mercy. Under § 782.04, F.S.A., the penalty for first degree murder is death, but under § 919.23 if a majority of the jury recommends mercy the punishment is a mandatory sentence to life imprisonment, which is equal to the maximum punishment prescribed for murder in the second degree....
CopyCited 138 times | Published | Supreme Court of Florida | 1994 WL 513570
...Spencer also argues that the standard instruction on first-degree murder is constitutionally deficient because it fails to adequately instruct the jury that a "premeditated design" is a statutory element of first-degree murder. We find no merit to this argument. Section 782.04(1)(a), Florida Statutes (1991), defines premeditated first-degree murder as the unlawful killing of a human being "[w]hen perpetrated from a premeditated design to effect the death of the person killed or any human being." This Court h...
CopyCited 138 times | Published | Supreme Court of Florida
...y and/or involuntary sexual battery, kill and murder Nancy A. O'Farrell, a human being, by shooting her with a firearm, to-wit: a .25 caliber automatic pistol, a more particular description being to this Body unknown, in violation of Florida Statute 782.04....
...ion of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense. State v. Dilworth,
397 So.2d 292 (Fla. 1981); State v. Black,
385 So.2d 1372 (Fla. 1980); Fla.R.Crim.P. 3.140( o ). Under section
782.04, Florida Statutes (1981), the offense of first-degree murder may be committed in several ways, including murder by premeditated design or a felony murder supported by various felonies, among which are included the felonies of burglary and sexual battery....
...2257,
72 L.Ed.2d 862 (1982). The trial court did not err in denying the defendant's motion to dismiss the indictment or to declare that death was not a possible penalty. III. The defendant raises a number of constitutional challenges to sections
775.082(1),
782.04(1), and
921.141, Florida Statutes, (1981)....
...1982), all relevant factors were authorized to be presented in mitigation at the sentencing phase of the proceedings. Finally, the defendant asks this Court to reverse its position on the constitutionality of Florida's death penalty statutes, sections
782.04(1)(a) and
775.082....
...The defendant has failed to establish or demonstrate that this Court's position on the death penalty statutes should be disturbed. Accordingly, we hold that the trial court did not err in denying the defendant's motion to declare sections
775.082(1),
921.141 and
782.04(1) unconstitutional....
CopyCited 122 times | Published | Court of Appeals for the Eleventh Circuit
...obbery, Adams was indicted for and convicted of felony murder. Florida law classifies as first degree murder, punishable by death, a homicide committed without premeditation during the commission of certain felonies, including robbery. Fla.Stat.Ann. § 782.04(l)(a)....
CopyCited 117 times | Published | Supreme Court of Florida | 1991 WL 6535
...ted; thus, no armed robbery was proved beyond a reasonable doubt. See Royal v. State,
490 So.2d 44 (Fla. 1986). Since there was no armed robbery, he argues, there could have been no felony murder predicated on an underlying armed robbery pursuant to section
782.04(1)(a)(2)(d) of the Florida Statutes (1983)....
CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...[The quantity of the substance involved was 14 grams or more but less than 28 grams.] c. [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.] d. [The quantity of the substance involved was 30 kilograms or more but less than 60 kilograms.] (3) MURDERSECOND DEGREE F.S. 782.04(2) [Amended] Before you can find the defendant guilty of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
...is of such a nature that the act itself indicates an indifference to human life. In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an premeditated intent to cause death. ATTEMPTED SECOND DEGREE MURDER F.S.
782.04(2) and
777.04 [Amended] Before you can find the defendant guilty of Attempted Second Degree Murder, the State must prove the following two elements beyond a reasonable doubt: Elements 1....
...dant guilty of (crime charged) evidencing prejudice. If you find that the defendant committed (crime charged) but did so without evidencing prejudice, then you should find *97 the defendant guilty only of (crime charged). (19) MURDERFIRST DEGREE F.S. 782.04(1)(a) [Amended] Note to Judge When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury: There are two ways in which a person may be convicted of first degree murder....
CopyCited 112 times | Published | Supreme Court of Florida | 1991 WL 33012
...[5] We thus also reject the district court's conclusion that, by including drug trafficking as a possible predicate for felony murder in 1987, the legislature intended this particular crime to be considered a "forcible felony." State v. Perkins,
558 So.2d 537, 539 n. 1 (Fla. 3d DCA 1990) (citing §
782.04, Fla....
CopyCited 106 times | Published | Supreme Court of Florida | 2004 WL 2404057
...State,
662 So.2d 677, 682 (Fla.1995). We have held that in felony murder situations the notice required by due process of law and supplied by the charging document as to other offenses is provided instead by our State's reciprocal discovery rules and by the enumeration in section
782.04(1)(a)(2), Florida Statutes (2003), of the felonies on which the State may rely to establish first-degree felony murder....
CopyCited 104 times | Published | Supreme Court of Florida
is a capital felony in Florida. See Fla. Stat. §
782.04(l)(a) (2010). Under state law, the maximum sentence
CopyCited 101 times | Published | Supreme Court of Florida
...Third-degree murder is defined as "the unlawful killing of a human being, when perpetrated without any design to affect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than, ... robbery *941 ... [or] kidnapping... ." Section 782.04(4), Florida Statutes (1981) (emphasis supplied)....
CopyCited 100 times | Published | Supreme Court of Florida
...Under the Florida Statutes, third-degree felony murder is defined as "[t]he unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate," any felony other than those enumerated in statutory subsection 782.04(4). 782.04(4), Fla. Stat. (1993). Aggravated battery is a second-degree felony that is not enumerated in subsection (4) of section 782.04....
...Under the Florida Statutes, first-degree felony murder is defined as "[t]he unlawful killing of a human being . . . 2. [w]hen committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: . . . (c) [s]exual battery. . . ." 782.04(1)(a), Fla....
CopyCited 93 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 809, 1999 WL 24620
...that Freund and Trent "did unlawfully from a premeditated design to effect the death of a human being, kill and murder RALPH WALKER, a human being by stabbing the said RALPH WALKER with a knife or other sharp instrument, contrary to Florida Statute 782.04(1)(a)." 17 In fact, around the time of the press conference, on September 7, 1984, the law firm filed a "Motion to Extend Time for Filing Notice of Intent to Rely on the Defense of Insanity," contending that it was "not presently in a position to state with particularity if [Freund] ......
...16 15 In Florida, the crime of murder in the first degree includes a premeditated killing and a killing "committed by a person engaged in the perpetration of, or in the attempt to perpetrate," certain felonies, including kidnapping. See Fla. Stat. ch. 782.04(1)(a)(1), (2)(f) (Supp.1984)....
CopyCited 88 times | Published | Supreme Court of Florida | 1998 WL 207909
...a theory of either felony murder or premeditated murder. [5] Felony murder was established by evidence that Donaldson caused the death of the victims while committing kidnapping or aggravated child abuse, both of which are enumerated felonies under section 782.04(1)(a)2, Florida Statutes (1993)....
CopyCited 87 times | Published | Supreme Court of Florida | 2004 WL 1348732
...the death penalty would improperly influence their verdicts as to guilt. In all other first-degree murder cases, death remains a potential penalty. See §
775.082(1), Fla. Stat. (2003) (capital felony is punishable by death or by life imprisonment); §
782.04(1)(a) (first-degree murder constitutes capital felony)....
CopyCited 85 times | Published | Supreme Court of Florida | 1994 WL 318674
...The defendant was charged and convicted of second-degree felony murder. On appeal, the court was faced with the issue of whether the robbery at the rest area could be used to support the murder conviction where the statute provides that the murder must occur "in the perpetration of" a robbery. Id. at 1051 ( see § 782.04(3), Fla....
CopyCited 85 times | Published | Supreme Court of Florida
...The reasoning of the justices in Coker v. Georgia compels us to hold that a sentence of death is grossly disproportionate and excessive punishment for the crime of sexual assault and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment. We point out that section 782.04, Florida Statutes (1977), defines murder in the first degree as the unlawful killing of a human being when perpetrated from a premeditated design to effect the death of the person killed, or when committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any sexual battery....
CopyCited 83 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 140400
...orida’s death penalty statute, is identical to the felony murder offense under Florida law. We conclude that the felony murder aggravating circumstance is coextensive with a felony murder theory of prosecution. The felony murder statute, Fla.Stat. § 782.04 (1976), provides in relevant part that murder is “[t]he unlawful killing of a human being, ......
...aggravating factor easier to prove than actual felony murder. This argument has no merit. The Florida murder statute specifically provides that felony murder may be found both when the enumerated felony is attempted or actually committed. Fla.Stat. § 782.04 (1976) provides that a person who kills while “engaged in the perpetration of, or in the attempt to perpetrate,” any of the enumerated felonies is guilty of felony murder....
...in the perpetration of, or in the attempt to perpetrate, any ... involuntary sexual battery, robbery, ... [or] kidnapping ... shall be murder in the first degree and shall constitute a capital felony, punishable as provided in §
775.082. Fla.Stat. §
782.04 (1976)....
...nt to a finding of a felony murder aggravating factor at sentencing. Lowenfield v. Phelps,
484 U.S. 231, 242-43 ,
108 S.Ct. 546, 553-54 ,
98 L.Ed.2d 568 (1988); Parker v. Dugger,
537 So.2d 969, 973 (Fla.1988). 39 . Both the murder statute, Fla.Stat. §
782.04, and the capital sentencing statute, Fla.Stat....
CopyCited 78 times | Published | Supreme Court of Florida | 1995 WL 368410
...As we explained in O'Callaghan, "because of our reciprocal discovery rules, [a defendant has] full knowledge of both the charges and the evidence that the state [will] submit at trial." Id. Moreover, the underlying felonies that the State can rely upon to prove felony murder are limited by statute. See § 782.04(1)(a)2, Fla. Stat. (1991). Thus, a defendant also has statutory notice of the possible underlying felonies, including escape. See § 782.04(1)(a)2.g....
CopyCited 77 times | Published | Supreme Court of Florida | 2001 WL 197024
...Therefore, he contends, his conviction for conspiracy must be vacated. The crime of conspiracy is defined as an agreement, express or implied, between two or more people to commit an unlawful act. See Robinson v. State,
610 So.2d 1288 (Fla.1992); see generally §
777.03(3), Fla. Stat. (1995) (conspiracy statute); §
782.04, Fla....
CopyCited 76 times | Published | Supreme Court of Florida | 1996 WL 498599
...is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. [6] Section 782.04(4), Florida Statutes (1991), defines third-degree (felony) murder as "an unlawful killing of a human being without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than" the thirteen enumerated felonies, one of which is robbery....
CopyCited 76 times | Published | Supreme Court of Florida
...The district court of appeal has certified the following question of great public interest passed upon in its decision of Pinder v. State,
366 So.2d 38 (Fla. 2d DCA 1978): *837 CAN A DEFENDANT BE CONVICTED AND PUNISHED FOR BOTH FIRST-DEGREE MURDER AND AN UNDERLYING FELONY ENUMERATED IN §
782.04(1) WHERE: (A) THE DEFENDANT IS CHARGED WITH PREMEDITATED MURDER AND ONE OR MORE OF THE FELONIES ENUMERATED IN §
782.04(1); AND (B) THE EVIDENCE TO SUSTAIN THE MURDER CONVICTION IS FURNISHED SOLELY BY PROOF THAT THE KILLING OCCURRED AS A RESULT OF COMMISSION OF ONE OF THE SAID FELONIES? Relying on the recent decisions of the United States Supreme Court in Brown v....
...The district court determined that there was no evidence of premeditation and that the first-degree murder conviction could only have been based upon the jury's finding that an unlawful killing was committed by Pinder while he was engaged in the perpetration of one of the felonies enumerated in section 782.04(1), Florida Statutes (1975)....
...The trial judge instructed the jury on this phrase of the law. His instruction was warranted by the evidence and in such a case premeditation is presumed as a matter of law. Leiby v. State, Fla.,
50 So.2d 529. Proof of a homicide committed in the perpetration of the felonies set forth in §
782.04, Florida Statutes, F.S.A., may be shown under an indictment charging the unlawful killing of a human being from a premeditated design....
...Appellant contends that forcing such a burden upon him constituted a denial of due process. "The allegations of the indictment were sufficient to charge murder in the first degree, regardless of whether the murder was committed in the perpetration of any of the felonies mentioned in F.S.A. § 782.04 or was committed with a premeditated design....
...State,
104 So.2d 352 (Fla. 1958)."
338 So.2d at 204. Accordingly, where premeditated murder is charged, but the only evidence to sustain the murder conviction is furnished by proof that the killing occurred as the result of one of the felonies enumerated in section
782.04(1), we hold that the defendant may not be convicted and punished for both the felony murder and the underlying felony. If, however, in the same criminal episode, in addition to the killing, the defendant *840 commits more than one of the felonies enumerated in section
782.04(1), only one of the felonies need be considered the underlying felony....
CopyCited 76 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 325
...eatedly bludgeoned Napoles in the back of the head with the bat. This sequence of events alone evidences a fully formed conscious purpose to kill Napoles. We also find that there was sufficient evidence upon which to base a felony murder conviction. Section 782.04(1)(a), Florida Statutes (1983) provides, in pertinent part: The unlawful killing of a human being ......
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...guilty of (crime charged) or any lesser included crime. Note to For complete instructions on Self-defense and Excusable Judge Homicide, if in issue, see pages [40, 44] and 76 respectively 40 and 44. [Page A-11] *1189 FELONY MURDER FIRST DEGREE F.S. 782.04(1)(a) Before you can find the defendant guilty of First Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
...Since the statute does not require its proof, it is not necessary to define "premeditation." Explanation of amendments: This instruction is on page 64 of the manual. The changes are intended to conform the instruction to the holding of State v. Dene,
533 So.2d 265 (Fla. 1988). [Page A-13] *1191 MURDER THIRD DEGREE F.S.
782.04(4) Before you can find the defendant guilty of Third Degree Murder, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
...The title and paragraph (1) is revised to conform to the wording of F.S.
893.147(1). [Page A-72] *1250 SCHEDULE OF LESSER INCLUDED OFFENSES CHARGED OFFENSES CATEGORY 1 CATEGORY 2 First degree Second degree (depraved Second degree (felony) (premeditated) murder mind) murder
782.04(2) murder
782.04(3)
782.04(1) Manslaughter
782.07 Third degree (felony) murder
782.04(4) Attempt Vehicular homicide
782.071 Culpable negligence
784.05(2) Aggravated battery
784.045 Aggravated assault
784.021 Battery
784.03 Assault
784.011 [*] First degree (felony) Second degree (depraved Attempt murder
782.04(1) mind) [*a] murder
782.04(2) Second degree Manslaughter
782.07 (depraved mind) murder
782.04(2) Second degree (felony) murder
782.04(3) [Page A-73] *1251 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Third degree (felony) murder
782.04(4) Manslaughter
782.07 Aggravated battery
784.045 Aggravated assault
784.021 Battery
784.03 Assault
784.011 [*b] Second degree (depraved Manslaughter
782.07 Third degree (felony) mind) murder
782.04(4) murder
782.04(2) Attempt Vehicular homicide
782.071 Culpable negligence
784.05(2) Aggravated battery
784.045 Aggravated assault
784.021 Battery
784.03 Assault
784.011 [*b] Second degree (felony) None Third degree (felony) murder murder
782.04(4) 782.04(3) Attempt [Page A-74] *1252 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Third degree (felony) None Attempt murder
782.04(4) Aggravated assault
784.021 Battery
784.03 Assault
784.011 Manslaughter
782.07 None Attempt [*c] Aggravated assault
784.021 Battery
784.03 Assault
784.011 Vehicular homicide
782.071 Culpable negligence
784.05(1) [*...
CopyCited 75 times | Published | Supreme Court of Florida | 1996 WL 726875
...Henyard was found guilty by the jury of three counts of armed kidnapping in violation of section
787.01, Florida Statutes (1995), one count of sexual battery with the use of a *244 firearm in violation of section
794.011(3), Florida Statutes (1995), one count of attempted first-degree murder in violation of sections
782.04(1)(a)(1) and
777.04(1), Florida Statutes (1995), one count of robbery with a firearm in violation of section
812.13(2)(a), Florida Statutes (1995), and two counts of first-degree murder in violation of section
782.04(1)(a), Florida Statutes (1995)....
CopyCited 72 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 30797
...of first degree murder in that on January the 23rd, 1978, in Marion County, Florida, he did unlawfully, from a premeditated design to effect the death of Trisa Gail Thornley ... kill and murder Trisa Gail Thornley ... in violation of Florida Statute 782.04....
CopyCited 71 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 587, 2016 Fla. LEXIS 2598
crime of attempted manslaughter by act. Compare §
782.04(2), Fla. Stat. (2008) (defining second-degree
CopyCited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 13116, 1989 WL 102436
...PROCEDURAL HISTORY 2 Bertolotti was convicted of first-degree murder for the September 1983 slaying of Carol Miller Ward in Orlando, Florida. The jury returned a general verdict of guilty upon a charge of felony murder and premeditated murder, both of which are death-eligible crimes under Florida law, Fla.Stat.Ann. Sec. 782.04(1)(a); by a vote of nine to three, the jury recommended the death penalty, which the judge imposed on April 12, 1984....
CopyCited 69 times | Published | Supreme Court of Florida
...into evidence was error as it was not within the res gestae of the crime charged. The testimony given by Mr. Gill was admissible as being within the res gestae of the crime of kidnapping, one of the felonies enumerated in the felony murder statute, section 782.04(1)(a), Florida Statutes....
...The trial judge instructed the jury on this phrase of the law. His instruction was warranted by the evidence and in such a case premeditation is presumed as a matter of law. Leiby v. State, Fla.,
50 So.2d 529. Proof of a homicide committed in the perpetration of the felonies set forth in §
782.04, Florida Statutes, F.S.A., may be shown under an indictment charging the unlawful killing of a human being from a premeditated design....
...Appellant contends that forcing such a burden upon him constituted a denial of due process. "The allegations of the indictment were sufficient to charge murder in the first degree, regardless of whether the murder was committed in the perpetration of any of the felonies mentioned in F.S.A. § 782.04 or was committed with a premeditated design....
CopyCited 68 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 251
...Appellant was also charged in Count IV of the grand jury indictment with attempted first-degree murder of the surviving victim. The count was technically defective in that it did not specifically allege premeditation but instead alleged the attempted first-degree murder was in violation of section 782.04, Florida Statutes (1981)....
CopyCited 68 times | Published | Supreme Court of Florida | 2005 WL 1475401
...the unlawful killing itself. For example, the felony murder statute provided that first-degree murder occurred when a person committed a homicide during the perpetration of crimes such as arson, sexual battery, robbery, burglary, and kidnapping. See § 782.04(1)(a)2., Fla....
...t-degree murder. See Robles v. State,
188 So.2d 789, 792 (Fla.1966). In 1984, the Florida Legislature amended the felony murder statute to specifically include "aggravated child abuse" among the felonies that would invoke the felony murder rule. See
782.04(1)(a)2....
...hted evidence that tended to prove Davis's motive but not that of Brooks. The objection was overruled and the motion for mistrial denied. [24] Aggravated battery was not then, and is not now, an enumerated felony under the felony murder statute. See § 782.04(1)(a)2., Fla....
...on Judiciary-Crim., HB 135 (1983) Staff Analysis 1-2 (final June 13, 1984) (on file with Fla. State Archives). [28] Aggravated abuse of an elderly person or disabled adult can also serve as the felony underlying felony murder and as an aggravating circumstance during sentencing. See §§ 782.04(1)(a)2....
CopyCited 68 times | Published | Supreme Court of Florida
...rather than [of] the elements of the statut[ory] offense.
425 So.2d at 53. Brown category four lesser included offenses have nothing to do with double jeopardy or with this case. Baker's indictment charged him with first-degree premeditated murder, section
782.04, Florida Statutes (1979), and with use of a firearm during the commission of a felony, section
790.07, Florida Statutes (1979). The statutory elements of first-degree premeditated murder are: (a) the unlawful (b) killing (c) of a human being (d) when perpetrated from a premeditated design to effect the death of the person killed or any human being. §
782.04(1)....
CopyCited 67 times | Published | Supreme Court of Florida | 1997 WL 575323
...r from the local well daily, and that he worked in the fields at an early age. [16] See Huff v. State,
569 So.2d 1247, 1249 (Fla. 1990) ("[D]iscretion is abused only where no reasonable man would take the view adopted by the trial court."). [17] See §
782.04, Fla....
CopyCited 66 times | Published | Supreme Court of Florida
...Daves III, of Burdick & Daves, West Palm Beach, for appellant. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. ADKINS, Chief Justice. Again we consider the constitutionality of the Florida murder statute, Fla. Stat. §
782.04 and §
921.141, F.S.A., which we upheld in State v....
...life felony, which was rape, and of which he was convicted in the same trial; this capital felony was especially heinous, atrocious and cruel. This appeal is from the judgment of guilt and sentence to death. Defendant first contends that Fla. Stat. § 782.04, F.S.A., taken in conjunction with *436 the penalty provisions found in Fla....
...We thoroughly analyzed these circumstances in Dixon , and no further elaboration is necessary. We repeat, however, that: "The aggravating circumstances of Fla. Stat. §
921.141(6), F.S.A., actually define those crimes when read in conjunction with Fla. Stat. §§
782.04(1) and 794.01(1), F.S.A....
...As such, they must be proved beyond a reasonable doubt before being considered by judge or jury... . "Fla. Stat. §
921.141(6)(d), F.S.A., provides that the commission of a capital felony as part of another dangerous and violent felony constitutes not only a capital felony under Fla. Stat. §
782.04(1), F.S.A., but also an aggravated capital felony....
CopyCited 65 times | Published | Supreme Court of Florida
...The trial judge instructed the jury on this phase of the law. His instruction was warranted by the evidence and in such a case premeditation is presumed as a matter of law. Leiby v. State, Fla.,
50 So.2d 529. Proof of a homicide committed in the perpetration of the felonies set forth in §
782.04, Florida Statutes, F.S.A., may be shown under an indictment charging the unlawful killing of a human being from a premeditated design....
CopyCited 61 times | Published | Supreme Court of Florida | 1997 WL 268909
...as the "unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 61 times | Published | Supreme Court of Florida
...Petersburg, for appellants. Jim Smith, Atty. Gen., and Charles Corcees, Jr., Asst. Atty. Gen., Tampa, for appellee. OVERTON, Justice. This is a direct appeal from a circuit court judgment expressly upholding the *1159 constitutionality of sections
782.04 (third-degree felony murder) and
827.03(3) (aggravated child abuse), Florida Statutes (1975). We have jurisdiction. [1] Appellants Robert Mahaun and Patricia Mahaun, husband and wife, were charged in Count One with third-degree felony murder and in Count Two with aggravated child abuse under sections
782.04(4) and
827.03(3), respectively....
...unlawfully, while engaged in the perpetration of, or in an attempt to perpetrate the crime of aggravated child abuse, did, without any design to effect death, kill and murder Gregory Travis Moore, a human being, by causing the death of the said Gregory Travis Moore within one year and one day; contrary to Chapter 782.04, Florida Statutes......
...We see no reason to overturn our well-established precedent. State v. Gaylord,
356 So.2d 313 (Fla. 1978); Faust v. State,
354 So.2d 866 (Fla. 1978); Jordan v. State,
334 So.2d 589 (Fla. 1976). The appellants contend the offense of third-degree felony murder, set forth in section
782.04(4), is unconstitutionally vague because it contains no intent requirement that can be replaced by the establishment of an underlying felony. We reject this contention. We find the offense of third-degree murder as set forth in section
782.04(4) to be an integral and proper part of the criminal homicide scheme of first-, second-, and third-degree murder. First-degree murder, set forth in section
782.04(1), requires that the unlawful killing either (1) be perpetrated from a premeditated design, or (2) be committed by a person who is perpetrating any of the following felonies: arson, sexual battery, robbery, burglary, kidnapping, aircr...
...ctive device or bomb, or the result of unlawful distribution of opium or preparation *1160 of opium by a person eighteen years or older when the drug is proven to be the proximate cause of the death of the user. Second-degree murder, as set forth in section 782.04(2), requires that the unlawful killing either (1) be committed in the course of an act imminently dangerous to another and evincing a depraved mind regardless of human life, or (2) be performed in the course of an attempt to commit any...
...One who personally kills another during the perpetration of one of the enumerated felonies is guilty of first-degree murder, and the statutory scheme does not allow for conviction of second-degree murder even as a lesser included offense. Third-degree murder, as set forth in section 782.04(4), Florida Statutes (1977), is defined as an unlawful killing committed by a person engaged in the perpetration of any felony other than those identified as the underlying felony in second-degree murder when there is no premeditated design to effect the death of the victim....
...here was an appropriate underlying felony and that a homicide occurred in its perpetration. The fact that there is no alternative means to establish the third-degree murder offense does not render the statute invalid. Appellants suggest that because section 782.04(4) contains no intent requirement, the state could secure a third-degree felony murder conviction without establishing any intent....
...ute a felony murder are illfounded. In any felony murder conviction the element of causation must be established. Adams v. State,
310 So.2d 782 (Fla. 2d DCA 1975); Phillips v. State,
289 So.2d 447 (Fla. 2d DCA 1974). We find the language of sections
782.04(4) and
827.03 sufficiently defines the proscribed conduct when measured by common understanding and practice....
CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 17051, 2009 WL 2181682
...§
810.09(1)(a)1, (2)(c) (1997)
(requiring entry with a firearm or other dangerous weapon onto property as to
which notice against entering was posted or otherwise communicated) with §
812.014(2)(c)1 (requiring the unlawful taking of another’s property valued at $300
or more but less than $5000) and §
782.04(1)(a)1 (requiring a premeditated design
to effect a person’s death)....
CopyCited 60 times | Published | Supreme Court of Florida
...flux and guidance should be promptly extended by this Court. FACTS As revealed by petitioner's suggestion and brief, the facts presented in this prohibition are as follows: Petitioner has been indicted for murder in the first degree under Fla. Stat. § 782.04, F.S.A....
CopyCited 58 times | Published | Florida 4th District Court of Appeal
...The State's position is that it (1) has an overriding duty to preserve life, and (2) that termination of supportive care, whether it be by the patient, his family or medical personnel, is an unlawful killing of a human being under the Florida Murder Statute Section
782.04, Florida Statutes (1977) or Manslaughter under Section
782.08....
CopyCited 57 times | Published | Supreme Court of Florida
...Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. *514 PER CURIAM. This is a direct appeal from a verdict and judgment convicting appellant Jerry Dwayne Fowler of the crime of murder in the first degree [Fla. Stat. § 782.04(1), F.S.A.] without a recommendation of mercy by the jury....
CopyCited 55 times | Published | Supreme Court of Florida | 1997 WL 332176
...We find this error harmless as to the guilt phase, however, because we determine that both the other properly introduced evidence and the instructions given to the jury supported Voorhees being found guilty of first-degree murder under a felony-murder theory. See § 782.04, Fla....
CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 22435
...at 319 ,
99 S.Ct. at 2789 . See also Duncan v. Stynchombe,
704 F.2d 1213, 1214-15 (11th Cir.1983). 14 To convict Hall of first degree murder, the state had to prove either that he had a "premeditated design to effect the death of the person killed," Fla.Stat. Sec.
782.04(1)(a)(1) (West Supp.1983), or that he was a principal in the first degree to the murder....
...and may be charged, convicted, and punished as such, whether he is or is not actually or constructively present at the commission of such offense. 3 Hall v. State,
403 So.2d 1321 (Fla.1981) 4 Hall v. State,
420 So.2d 872 (Fla.1982) 5 Fla.Stat. Sec.
782.04(1)(a)(1), (2) and (3) defines murder as: (1)(a) The unlawful killing of a human being: 1 When perpetrated from a premeditated design to effect the death of the person killed or any human being; or 2 When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: a....
...en such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s.
775.082 Freddie Lee Hall was not tried on a felony murder theory. Therefore, only section
782.04(a)(1) is applicable....
CopyCited 51 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 95, 2009 Fla. LEXIS 134, 2009 WL 196349
...the act to be committed and the probable result of that act.'" (quoting Green v. State,
715 So.2d 940, 943-44 (Fla.1998))). Further, the death of Sheridan occurred during the course of an armed robbery, thereby rendering the crime felony murder. See §
782.04(1)(a), Fla....
CopyCited 50 times | Published | Supreme Court of Florida | 2008 WL 4380919
...mission of the offense, the said WILLIAM JAMES DEPARVINE, discharged a firearm and as a result of the discharge, death was inflicted upon RICHARD VAN DUSEN, contrary to the form of the statute in such cases made and provided, to-wit: Florida Statute 782.04(1)/775.087(2), and COUNT TWO The Grand Jurors of the County of Hillsborough, State of Florida, charge that WILLIAM JAMES DEPARVINE, between the 25th day of November, 2003, and the 26th day of November, 2003, inclusive, in the County of Hillsbo...
...commission of the offense, the said WILLIAM JAMES DEPARVINE, discharged a firearm and as a result of the discharge, death was inflicted upon KARLA VAN DUSEN contrary to the form of the statute in such cases made and provided, to-wit: Florida Statute 782.04(1)/775.087(2)....
...Thus, Deparvine now must show that the indictment is so fundamentally defective that it cannot support a judgment of conviction. However, we note that the wording in the indictment placed Deparvine on express notice that he was charged with a violation of the first-degree murder statute set out in section 782.04(1), Florida Statutes (2003), and the indictment included factual allegations as to the manner in which death was inflicted....
CopyCited 50 times | Published | Supreme Court of Florida
...On appeal, counsel for the defense concedes that in this case a conviction of murder in the first degree may be had upon proof of either actual premeditated design on the part of the defendant, or by proof that the killing was committed in the perpetration of, or in the attempt to perpetrate the crime of robbery. Section 782.04, F.S.A....
...In short, we do not believe that there is any requirement in a case of first degree murder that there be proof aliunde a confession or admission of the defendant that the killing was premeditated or that it was committed in the perpetration or attempted perpetration of any of the felonies enumerated in Section 782.04, F.S.A....
CopyCited 50 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 8135, 1989 WL 52954
...etrate, any felony other than any arson, involuntary sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb, shall be murder in the third degree.... Fla.Stat.Ann. § 782.04(4) (West 1976)....
CopyCited 50 times | Published | Supreme Court of Florida | 1992 WL 381740
...al offender mandatory minimum on each of those counts. [2] Lamont also received a consecutive life sentence with a fifteen-year habitual offender mandatory minimum on the armed burglary count. Brooks was convicted of second-degree murder pursuant to section
782.04(2), Florida Statutes (1989), a first-degree felony, which was reclassified to a life felony pursuant to section
775.087, Florida Statutes (1989); and another offense which is not relevant to the issue at hand....
...[3] For example, one who commits sexual battery as defined under section
794.011(3), Florida Statutes (1989), "is guilty of a life felony, punishable as provided in s.
775.082, s.
775.083, or s.
775.084." One who commits second-degree murder as defined under section
782.04(2), Florida Statutes (1989), is guilty of "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s....
CopyCited 49 times | Published | Supreme Court of Florida
...d that dual sentences can be imposed on the convictions. Slater v. State,
316 So.2d 539 (Fla. 1975). We acknowledge that the verdicts here are inconsistent, but that fact does not lead to a conclusion that the robbery sentence must be vacated. Under Section
782.04(1)(a), Florida Statutes (1975), McCloud was necessarily guilty of felony-murder....
CopyCited 48 times | Published | Supreme Court of Florida | 2004 WL 1469337
...Under Florida law, the unlawful killing of a human being is murder in the first-degree (1) "[w]hen perpetrated from a premeditated design to effect the death of the person killed or any human being"; or (2) "[w]hen committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any ... kidnapping." § 782.04(1), Fla....
...Pearce now argues that the trial court erred in denying his motion. As discussed above, there are two ways in which first-degree murder can be proven under Florida law: through a premeditated design to kill or when the killing occurs during the course of an enumerated felony, including kidnapping. See § 782.04(1), Fla....
CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 24307
require a showing of intent to kill. Fla.Stat.Ann. § 782.-04(1). King did not raise this point to the Florida
CopyCited 46 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 395, 2011 Fla. LEXIS 1568, 2011 WL 2637418
premeditated murder and first-degree felony murder. See §
782.04(l)(a)l.-2., Fla. Stat. (2006). . Spencer v.
CopyCited 45 times | Published | Supreme Court of Florida
...The principal issue for determination concerns the trial court's instruction on second degree murder. At the conference on instructions, it was noted that the definitions of murder had been revised by the 1972 Legislature. The murder provisions read as follows: "782.04 Murder....
...of murder in the first degree if the jury found that Brown was killed as a part of a robbery. This limitation of the jury's options is not error. On the contrary, that result is the very goal of the first degree felony murder provision specified in Section 782.04(1)(a), Florida Statutes (1973)....
...etrates the underlying felony as an accessory before the fact but does not personally engage in it. This limited scope of the second degree felony murder provision is dictated by the provision, "except as provided in subsection (1)," which refers to Section 782.04(1), Florida Statutes (1975)....
...We conclude therefore that although the trial judge's instructions on second degree murder did not track the statute, under the facts of this case it did not misstate the law. If the jury believed that James Adams fatally beat Edgar Brown in the course of robbing him, Section 782.04, Florida Statutes (1973), required it to return a verdict of murder in the first degree....
...e murder if during the felony there occurred a killing not committed by the felon or one of his co-felons. Thus if in resisting a felony, the victim kills an innocent bystander, the felon would be susceptible to a charge of second degree murder. See Section 782.04(3), Florida Statutes (1975)....
CopyCited 42 times | Published | Supreme Court of Florida
...Pinder,
375 So.2d 836 (Fla. 1979), this Court held that where premeditated murder is charged, but the only evidence to sustain the murder conviction is furnished by proof that the killing occurred as the result of one of the felonies enumerated in section
782.04(1), we hold that the defendant may not be convicted and punished for both the felony murder and the underlying felony....
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19393, 16 Fed. R. Serv. 135
...uty. His defense was not guilty, and not guilty by reason of insanity. As noted, the jury returned a verdict of guilty without recommendation to mercy. This appeal followed. 7 . Campbell offered to prove only the facts discussed above. 8 . Fla.Stat. § 782.04 defines murder as an "unlawful killing____perpetrated from a premeditated design____” 9 ....
CopyCited 41 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 631, 2010 Fla. LEXIS 1788, 2010 WL 4237573
...[3] FACTS Charles Mendenhall was charged with attempted first-degree murder with a firearm. At the conclusion of trial, the jury found Mendenhall guilty of the lesser included offense of attempted second-degree murder with a firearm, a second-degree felony. § 782.04(2), Fla....
CopyCited 40 times | Published | Florida 3rd District Court of Appeal
...(2) The trial court erred in denying his motion for judgment of acquittal. (3) The trial court erred in not declaring a mistrial on its own motion when the jury asked for further information. To resolve appellant's contention that the second degree charge should have been reduced to manslaughter, we look to Section 782.04(2), Florida Statutes (1979), which defines murder in the second degree as: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, althou...
CopyCited 39 times | Published | Supreme Court of Florida
...ry... ." The appellant pleaded guilty to murder in the first degree for the death of Anthony Williams and pleaded nolo contendere to the charge of second-degree murder of his brother, Vito. Appellant reserved the right to appeal the applicability of Section 782.04(3), Florida Statutes (1975), the second-degree felony murder statute, applied to the facts of this case....
...The judge sentenced appellant to death. The appellant contends that the trial judge committed reversible error by (1) abusing his discretion in allowing the deceased police officer's wife to testify from a wheelchair and in refusing to recuse himself; (2) holding that Section
782.04(3), Florida Statutes (1975), the second-degree felony murder statute, applied to the facts of this case; and (3) misapplying the aggravating and mitigating circumstances listed in Section
921.141, Florida Statutes....
...We find no merit in the appellant's contention that these remarks, made to his co-defendant at sentencing, indicated a bias on the part of the trial judge regarding the sentence that appellant should receive. The jury, unaware of this remark, recommended death. II Section 782.04(3), Florida Statutes (1975), reads as follows: When a person is killed in the perpetration of, or in the attempt to perpetrate, any arson, involuntary sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawful throwing...
...of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s.
775.084. [Emphasis added.] The appellant contends that Section
782.04(3), Florida Statutes (1975) is inapplicable *609 to the facts of his case....
...He argues that only "innocent" persons killed during the perpetration of a felony were intended by the Legislature to be included in the phrase "a person is killed." From this posture, he asserts that his motion to dismiss should have been granted. The language of Section
782.04(3) is not ambiguous or vague. It refers to "a person" and must mean "any person." If the Legislature had intended something other than this, it could have inserted the word "innocent." We are mindful that State v. Williams,
254 So.2d 548 (Fla. 2nd DCA 1971), held that under Section
782.04(1), Florida Statutes, the first-degree felony-murder statute, only the death of innocent persons is sufficient to sustain a charge of first-degree felony-murder against a felony perpetrator....
...murder statute itself which is, we think, to prevent the death of innocent persons likely to occur during the commission of certain inherently dangerous and particularly grievous felonies. [At 550.] Since we are here concerned with subsection (3) of 782.04, the second-degree felony murder statute, rather than subsection (1), the first-degree felony murder statute, we need not determine whether the reasoning and rationale in State v. Williams, supra, is correct. We reserve decision on that point until the question is squarely presented. It is sufficient here to hold that there is nothing in the clear language or history of Section 782.04(3) which limits its application to innocent persons killed by one perpetrating or attempting to perpetrate a felony....
CopyCited 39 times | Published | Supreme Court of Florida | 2005 WL 425408
...We have for review a decision of the Second District Court of Appeal on the following two questions, certified to be of great public importance: IS IT FUNDAMENTAL ERROR FOR A TRIAL COURT TO OMIT AN INSTRUCTION THAT THE DEFENDANT MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO COMMIT DRUG-DISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), WHEN IT IS UNDISPUTED THAT THE DEFENDANT IS OVER EIGHTEEN? IS IT FUNDAMENTAL ERROR FOR THE TRIAL COURT TO OMIT INSTRUCTIONS ON EXCUSABLE AND JUSTIFIABLE HOMICIDE WHEN A DEFENDANT IS CHARGED AND CONVICTED OF DRUG-DISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), AND THE FACTUAL CIRCUMSTANCES DO NOT SUPPORT ANY JURY ARGUMENT RELYING UPON THE EXCUSABLE OR JUSTIFIABLE HOMICIDE INSTRUCTIONS? Pena v....
...He stated that he tried to revive her but could not. Pena then told police that he and a friend put Fernandes in a car. They drove her to a residential neighborhood and dumped her body along the sidewalk. Pena was charged with first-degree murder by drug distribution under section 782.04, Florida Statutes (1999)....
...nd by failing to instruct the jury on justifiable and excusable homicide. None of these claims were raised at the trial level. On appeal, the Second District affirmed Pena's conviction and sentence. Finding that there is little case law interpreting section 782.04(1)(a)(3) and that there is no standard jury instruction for the offense of first-degree murder by drug distribution, the Second District certified the two questions set forth above as questions of great public importance. LAW AND ANALYSIS I. Age Element of Section 782.04(1)(a)(3), Florida Statutes (1999) A. Jury Instruction Pena was indicted on a charge of first-degree murder by drug distribution. Section 782.04(1)(a)(3), Florida Statutes provides: 782.04 Murder. (1)(a) The unlawful killing of a human being: ....
...ions was not fundamental error where the defendant's age was not a disputed fact). Therefore, we answer the first certified question in the negative and hold that in this case, the trial court's failure to instruct the jury on the age requirement of section 782.04(1)(a)(3) was not fundamental error *785 because the undisputed evidence established that Pena was more than eighteen years of age at the time of the crime. B. Indictment Pena also alleges that age is an essential element of section 782.04(1)(a)(3), Florida Statutes (1999), for first-degree murder by drug distribution and must be alleged in the charging document....
...ubstance controlled under Florida State [sic]
893.03(1), to MIRRANDA FERNANDES, the said drugs being the proximate cause of the death of MIRRANDA FERNANDES, contrary to the form of the statute in such cases made and provided, to-wit: Florida Statute
782.04. Although the language of the indictment tracks the language of section
782.04(1)(a)(3), it does not allege Pena's age at the time of the crime....
...structions on excusable and justifiable homicide where the evidence did not support these defenses. [1] Pena was charged with both distribution of a controlled substance under section 983.03(1), Florida Statutes (1999), and first-degree murder under section 782.04, Florida Statutes (1999)....
...Thus, because the lesser offense in this case was more than two steps removed from the conviction of first-degree murder, under Rojas and Abreau, the district court properly conducted a harmless error analysis. As the district court found, the offense described in section 782.04(1)(a)(3) is an unusual form of felony murder because the State does not need to prove that the defendant intended an act of homicide, that the defendant had knowledge of the drug overdose, or that the defendant was even present when the drug overdose occurred....
...We therefore answer the certified question in the negative and hold that it is not fundamental error for a trial court to omit an instruction on excusable and justifiable homicide when the defendant is charged and convicted of first-degree murder by drug distribution under section 782.04(1)(a)(3), Florida Statutes (1999), there has been no request for such an instruction or an objection to the instructions as given, and the factual circumstances do not support any jury argument relying upon the excusable or justifiable homicide instruction....
CopyCited 39 times | Published | Supreme Court of Florida
...eparate convictions and sentences. [2] To apply section
775.021(4), we must determine the elements of the two offenses. The crime of attempted second-degree murder is codified in section
777.04(1), Florida Statutes (2004), which defines attempt, and section
782.04(2), Florida Statutes (2004), which defines second-degree murder....
CopyCited 38 times | Published | District Court of Appeal of Florida
...of murder. The absurdity and peril of such a conclusion are apparent. The appellant never admitted committing the crime of first degree murder with which he was charged. On the contrary, he asserted his innocence and innocence by reason of insanity. Section 782.04, Fla....
CopyCited 36 times | Published | Supreme Court of Florida
...The certified question is answered in the negative. The case is remanded to the district court with directions that it reinstate the circuit court's judgment. It is so ordered. ENGLAND, C.J., and ADKINS, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur. NOTES [1] Section 782.04(2), Florida Statutes (1975): The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect t...
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...The instructions as set forth in the appendix shall be effective when this opinion becomes final. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 6.3 ATTEMPTED FELONY MURDER FIRST DEGREE [ENUMERATED FELONY] [NON-ENUMERATED FELONY] §§
782.04(1)(a) and
777.04 §
782.051(1) and (2), Fla....
...ntent to kill. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment Section
782.051(1), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony enumerated in section
782.04(3). Section
782.051(2), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony not enumerated in section
782.04(3), Fla....
...ign or intent to kill. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment Section
782.051(3), Fla. Stat., applies only where the defendant was committing or attempting to commit a felony enumerated in section
782.04(3)....
CopyCited 36 times | Published | Supreme Court of Florida
...ellant to gain admittance to the victims' homes. Bryant v. State,
235 So.2d 721 (Fla. 1970); Winstead v. State,
91 So.2d 809 (Fla. 1956). Appellant's third point is that he was denied due process and equal protection of law when he was charged under section
782.04(1)(a), Florida Statutes (1975), the first degree murder statute, rather than for murder in the second degree under section
782.04(2)....
CopyCited 35 times | Published | Supreme Court of Florida | 1989 WL 141729
...er requires not only by "an act imminently dangerous to another" (which arguably would include justifiable and excusable homicides), but one "evincing a depraved mind regardless of human life" (which excludes justifiable and excusable homicides), § 782.04(2), Fla....
CopyCited 34 times | Published | Supreme Court of Florida | 2005 WL 2095673
...The 1998 amendment also added the element of an intentional act that is not an essential element of the underlying felony. As amended by the Legislature, section
782.051(1) provides: Any person who perpetrates or attempts to perpetrate any felony enumerated in s.
782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree.......
...ed); see also Pena v. State,
901 So.2d 781, 788 (Fla.2005) (concluding that it was not fundamental error to fail to *90 instruct jury on statutory element that defendant must be eighteen or older to commit drug distribution first-degree murder under section
782.04(1)(a)(3) when it was undisputed that defendant was twenty-eight years old at time of crime); Davis v....
...cates an indifference to human life. Id. There is no standard jury instruction for attempted felony murder, [6] but the statute provides the following three elements: a person who either perpetrates or attempts to perpetrate any felony enumerated in section 782.04(3); and who commits an intentional act that is not an essential element of that felony; and that intentional act could, but does not, cause the death of another....
...may inflict death, albeit from a depraved mind or in the course of committing another felony. Further, the statutes defining each offense are included in the same chapter of the Florida Statutes, i.e., chapter 782 which is entitled "Homicide." See §§
782.04(2)-(3),
782.051(1), Fla....
CopyCited 34 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 97
...mpting to commit, any" of the offenses listed there constitutes an aggravating circumstance. Id. (This aggravating circumstance should not be confused with the felony murder doctrine, which is part of the statutory definition of first-degree murder. § 782.04(1)(a), Fla....
CopyCited 33 times | Published | Supreme Court of Florida | 2000 WL 1424534
...must be warned prior to any questioning that he has the right to remain silent, that anything he says may be used against him in a court of law" and that he has the right to the presence of a lawyer.
384 U.S. at 478-79,
86 S.Ct. 1602 (emphasis added). [7] Section
782.04, Florida Statutes (1995), defines first-degree felony murder in relevant part: (1)(a) The unlawful killing of a human being: ....
CopyCited 33 times | Published | Florida 5th District Court of Appeal
...Cantrell,
417 So.2d 260 (Fla. 1982). In the present case, the two crimes with which Baker was charged were (1) premeditated murder, and (2) use of a firearm in the commission of a felony. The elements of first-degree murder relevant to the present case, as defined in section
782.04(1)(a), Florida Statutes (1981), are: (i) the unlawful (ii) killing (iii) of a human being (iv) when perpetrated from a premeditated design to effect the death of the person killed (or any other human being)....
...ed, but would also require a simultaneous comparison to all elements of all lesser degrees. The Blockburger test is not up to this task. 10C. Felony Murder: Felony murder is a death caused by the perpetration, or the attempt to perpetrate, a felony. § 782.04, Fla....
...uses to uselessness. PART III 12. APPLYING THE CORRECT TEST IN THE INSTANT CASE: The question in this case is whether constitutional double jeopardy principles bar a trial, conviction and sentence for the offense of first degree premeditated murder (§ 782.04(1)(a), Fla....
..., and a defendant's potential punishment is determined by, the prosecutor's skill in drafting the charging document. NOTES [1] The indictment in this case charged two counts, as follows: COUNT ONE CHARGE: Murder in the First Degree in Violation of F.S. 782.04 SPECIFICATION OF CHARGE: In that Charles L....
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit
...Appellant contends that forcing such a burden upon him constituted a denial of due process. 168 'The allegations of the indictment were sufficient to charge murder in the first degree, regardless of whether the murder was committed in the perpetration of any of the felonies mentioned in F.S.A. Sec. 782.04 or was committed with a premeditated design, Southworth v....
CopyCited 33 times | Published | Supreme Court of Florida
...In support of this contention appellant cites the distinction drawn by this Court in State v. Dixon,
283 So.2d 1 (Fla. 1973), cert. denied,
416 U.S. 943,
94 S.Ct. 1950,
40 L.Ed.2d 295 (1974), between first-degree felony murder and second-degree felony murder. At the time of the crimes, the degrees of homicide were defined by section
782.04, Florida Statutes (1973)....
...d in Dixon. The Court said that the new statute established "two separate and easily distinguishable degrees of crime, depending upon the presence of the defendant as a principal in the first or second degree." *1369 State v. Dixon,
283 So.2d at 11. Section
782.04 as amended by chapter 72-724 evinced a legislative intent "to resurrect the distinction between principals in the first or second degree on the one hand and accessories before the fact on the other, in determining whether a party to a...
...of distinguishing first and second degree felony murder. This is why the preexisting case law on that distinction is still relevant. The law of murder as amended by chapter 72-724 was in force at the time of the crimes at issue herein. It provided: 782.04 Murder....
...ft piracy, or the unlawful throwing, placing, or discharging of a destructive device or bomb, it shall be murder in the third degree and shall constitute a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084. §
782.04, Fla....
...The evidence, therefore, was sufficient to find that the appellant was a principal of the second degree, constructively present aiding and abetting the commission of the crime of robbery. This conclusion supports the verdicts of murder in the first degree on the basis of the felony murder portion of section 782.04(1)(a)....
CopyCited 32 times | Published | Florida 1st District Court of Appeal
...ct. Fowler's motion for new trial was denied. This appeal followed. To convict Fowler of the felony murder charge, the state had to prove that Fowler killed Jerkins while "engaged in the perpetration of, or in the attempt to perpetrate ... robbery." § 782.04(1)(a), Fla....
...of a human being, to-wit: Hampton Harvey Jerkins or while engaged in the perpetration of or in an attempt to perpetrate a felony, to-wit: Robbery, did kill and murder said Hampton Harvey Jerkins by shooting him with a rifle, in violation of Sections
782.04 and
775.087(2), Florida Statutes." [2] Count 2 reads as follows: "Larry Gail Fowler, did unlawfully by force, violence, assault or putting in fear, and with the intent to permanently deprive, take certain property, to-wit: U.S....
CopyCited 32 times | Published | Supreme Court of Florida | 1997 WL 672785
...r purposes of this rule if the defendant is physically in attendance for the courtroom proceeding, and has a meaningful opportunity to be heard through counsel on the issues being discussed. [7] Jimenez's trial was conducted October 6, 1994. [8] See § 782.04(4), Fla....
CopyCited 32 times | Published | Supreme Court of Florida | 2007 WL 2947773
...ppellate court cannot direct a judgment for a permissive lesser-included offense if the jury verdict did not necessarily include a finding on every element of that offense. In this case, the jury convicted Sigler of second-degree murder. Pursuant to section 782.04(2), Florida Statutes (1997), a conviction of second-degree murder requires findings that there was an unlawful killing of a human being, perpetrated by an act that was eminently dangerous evincing a depraved mind, and not perpetrated with any premeditated intent to cause death....
...th. Thus, despite the fact that the conviction was reversed, the jury did not find that any felony was committed. However, a conviction for third-degree murder requires an underlying felony and a jury determination of the existence of such a felony. Section 782.04(4), Florida Statutes, defines third-degree murder as a murder committed during the perpetration or attempted perpetration of any felony that is not one of the felonies enumerated in the statute....
...at 301,
124 S.Ct. 2531 (quoting Apprendi,
530 U.S. at 490,
120 S.Ct. 2348) (emphasis added). Here, however, finding a harboring and entering a judgment for third-degree murder does not enhance Sigler's sentence beyond the sentence for second-degree murder. See §
782.04(2), (4), Fla....
CopyCited 32 times | Published | Florida 2nd District Court of Appeal
...The voluntary intoxication defense potentially exists for numerous criminal offenses and therefore merits serious consideration. Defendant was indicted for arson under section
806.01, Florida Statutes (1981), and for first degree (felony) murder under section
782.04(1)(a), Florida Statutes (1981). The jury found defendant guilty on both charges. At sentencing the arson conviction was merged into the first degree murder conviction. The court adjudicated defendant guilty of first degree (felony) murder under section
782.04(1)(a), Florida Statutes (1981), and, in accordance with the jury recommendation, imposed a life sentence, requiring a minimum term of 25 years....
...ntary intoxication. The foregoing argument is grounded upon asserted considerations of fairness to an accused. But, the felony-murder doctrine in this state is grounded upon the policy of deterrence of crime. The purpose of the doctrine, codified in section 782.04(1)(a), Florida Statutes (1981), is "to prevent the death of innocent persons likely to occur during the commission of certain inherently dangerous and particularly grievous felonies." State v....
...aved mind) murder was error. We agree. Under the evidence concerning the nature of the actions of the defendant in setting the building afire, the jury, if so instructed, could have found defendant guilty of second degree, depraved mind murder under section 782.04(2), Florida Statutes (1981), which provides: The unlawful killing of a human being, when perpetrated by an act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated des...
...tes that the jury will be instructed by the trial court as to offenses referred to, and under the circumstances stated, in the rule. Those circumstances exist in this case. Second degree depraved mind murder is a lesser degree of felony murder under section 782.04, Florida Statutes (1981), and, as we have stated above, could be supported by the evidence in this case....
CopyCited 32 times | Published | Supreme Court of Florida | 157 Fla. 121, 1946 Fla. LEXIS 676
and murder him . . ." Appellant contends that Section
782.04, Fla. Stats. 1941 (F.S.A.), defines murder
CopyCited 32 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 194, 2010 Fla. LEXIS 515, 2010 WL 1234922
Florida Statutes (2001), defining attempt, and section
782.04(2), Florida Statutes (2001), defining second-degree
CopyCited 30 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 302
...Dougan and three co-defendants were tried together. At the charge conference the trial court indicated his willingness not to charge the jury on felony murder at the defendants' request. One co-defendant, however, also requested an instruction on third-degree murder, which is solely felony murder. § 782.04(4), Fla....
CopyCited 30 times | Published | Florida 5th District Court of Appeal
... The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or upon or in any dwelling house in which such person shall be. Second degree murder is defined in Florida Statute § 782.04(2) thusly: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particu...
CopyCited 30 times | Published | Supreme Court of Florida
...in opening one of the doors. During the struggle, appellant's gun discharged, striking Lieutenant Spurlin and Deputy Yahl. Deputy Yahl was mortally wounded. Appellant was charged in an eight count indictment: (I) first degree murder of Deputy Yahl, section
782.04(1)(a), Florida Statutes; (II) second degree murder of Yorkcavage, section
782.04(3), Florida Statutes; (III) first degree robbery of Johnson, section
812.13(2)(a), Florida Statutes; (IV) attempted robbery of Purolator Security, section
777.04(1), Florida Statutes; (V) kidnapping of Johnson, section
787.01, Florida...
CopyCited 30 times | Published | Supreme Court of Florida | 2005 WL 2782589
...in her separate opinion. NOTES [1] The language of the indictment indicates that Perez was charged with "unlawfully, with a premeditated design to effect the death of any human being," killing Martin. The indictment also charged Perez with violating section 782.04(1)(a) of the Florida Statutes, which encompasses both felony and premeditated first-degree murder. See § 782.041(1)(a), Fla....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 30 Wage & Hour Cas. (BNA) 778, 1991 U.S. App. LEXIS 17965, 1991 WL 135487
regulation to which we owe deference, 29 C.F.R. § 782.4. See Levinson v. Spector Motor Service
CopyCited 28 times | Published | Supreme Court of Florida | 1996 WL 606745
...Second-degree murder is defined as "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 28 times | Published | Florida 3rd District Court of Appeal
...nty of Dade, upon their oaths, present that on the 11th day of June, 1974, MELVEE TUCKER did unlawfully and feloniously, from a premeditated design to effect the death of a human being, by shooting him with a firearm, in violation of Florida Statute 782.04, to the evil example of all others in like cases offending and against the peace and dignity of the State of Florida....
...the body of the County of Hernando and inquiring into the facts and circumstances surrounding the death of CARRIE BELLE BLACK, on their oaths do present and charge that THERON BLACK, did, on the 9th day of May, 1976, in violation of Florida Statute 782.04, unlawfully and perpetrated from a premeditated design to effect the death of the person killed, or any human being, did kill and murder CARRIE BELLE BLACK, a human being, by shooting her with a firearm, a more particular description being to this Body unknown....
CopyCited 28 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834
...There is competent sufficient evidence to support both theories as well as attempted first-degree murder, armed kidnapping, and armed burglary of a dwelling. First, there is competent, substantial evidence to support Pham's conviction of first-degree murder under a theory of premeditated murder. See § 782.04(1)(a)1., Fla....
...The facts reveal that there was sufficient time before the killing for Pham to have formed a conscious intent to kill. Second, there is competent, substantial evidence to support Pham's conviction of first-degree murder under the theory of felony murder. See § 782.04(1)(a)2., Fla....
...[4] In an apparent oversight, this juror is referred to only as "Mr. Valenti" in the record and briefs. [5] Apprendi v. New Jersey,
530 U.S. 466, 490,
120 S.Ct. 2348,
147 L.Ed.2d 435 (2000). [6] Ring v. Arizona,
536 U.S. 584,
122 S.Ct. 2428,
153 L.Ed.2d 556 (2002). [7] §
777.04(1),
782.04(1)(a), Fla....
CopyCited 28 times | Published | Florida 3rd District Court of Appeal
...Before BARKDULL and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge. NATHAN, Judge. Victor Jones, defendant in the trial court, was charged with first degree murder in that he proximately caused the death of Kristi Lynn Stidham by unlawfully distributing heroin to her in violation of Section 782.04(1)(a), Florida Statutes, (1975)....
...The first and third elements are not at issue here. In this case, the second element requires a prima facie showing that a) heroin was distributed, b) by a person at least 18 years old, and c) the user died as a proximate result of this distribution. Section 782.04(1)(a), Florida Statutes (1975)....
...76,
33 So. 1009 (1903); Brown v. State,
44 Fla. 28,
32 So. 107 (1902). Defendant's final point on appeal, which contests the sufficiency of the evidence upon which his conviction was based, is deemed to be without merit. Affirmed. NOTES [1] In 1975, §
782.04(1)(a) defined first degree murder, in pertinent part, as: "The unlawful killing of a human being ......
CopyCited 28 times | Published | Florida 3rd District Court of Appeal
...a written interrogatory as to whether the defendant did or did not carry, display, use, etc. a weapon. [2] Section
775.087(1) provides in pertinent part that in the case of a conviction of a felony in the second degree [here third-degree murder, see §
782.04(4), Fla....
CopyCited 27 times | Published | Supreme Court of Florida | 1997 WL 674215
...), by performing a third-trimester abortion on herself with a .22 caliber firearm without certification of necessity by two physicians; because the fetus died as a result of the uncertified procedure, the teenager committed third-degree murder under section
782.04, Florida Statutes (1993); and further, because the fetus was born alive, Ashley committed manslaughter under section
782.07, Florida Statutes (1993)....
...City of Fort Walton Beach,
568 So.2d 914, 918 (Fla.1990) (emphasis added) (citations omitted). In the present case, none of the statutes under which Ashley was charged "unequivocally" state that they alter the common law doctrine conferring immunity on the pregnant woman. See §§ 390.001,
782.04,
782.07, Fla....
...as explained herein, and this renders the second question moot. Under the current statutory scheme, the State Attorney for Pinellas County cannot prosecute the teenager in the present case, Kawana Ashley, for either murder or manslaughter. Sections
782.04 and
782.07 contain no indication whatsoever that the legislature intended to modify the common law principles adopted in section
2.01 by eliminating the immunity of the pregnant woman....
..., but later said she had shot herself "in order to hurt the baby." She told another officer, however, that she had not tried to kill the baby and wanted the baby, and told a friend that the gun had discharged accidently. [2] Ashley was charged under section 782.04, Florida Statutes (1993), which proscribes murder in the third degree and states in relevant part: (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration...
...than any: (a) Trafficking ... (b) Arson, (c) Sexual battery, (d) Robbery, (e) Burglary, (f) Kidnapping, (g) Escape, (h) Aggravated child abuse, (i) Aircraft piracy, ... is murder in the third degree and constitutes a felony of the second degree.... § 782.04, Fla....
...r substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever with intent thereby to cause an abortion ... is guilty [of criminal abortion]."). [8] See generally § 390.001, Fla. Stat. (1993). [9] See § 782.04, Fla....
CopyCited 27 times | Published | Supreme Court of Florida
...The failure of the Court to follow Frazier's rationale has led to damaging confusion on the issue of premeditation and felony murder vis a vis intent in first degree murder cases. Two theories of intent will support a first-degree murder conviction: premeditation and felony murder. § 782.04, Fla....
CopyCited 25 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 244, 1994 Fla. LEXIS 654, 1994 WL 164596
...ed, is likely to produce death or great bodily harm. I now instruct you on the circumstances that must be proved before defendant may be found guilty of attempted murder or any lesser included crime. ATTEMPTED MURDER FIRST DEGREE (PREMEDITATED) F.S.
782.04(1)(a) and
777.04 Before you can find the defendant guilty of Attempted First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
...It is not an attempt to commit first degree premeditated murder if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose. ATTEMPTED FELONY MURDER FIRST DEGREE F.S.
782.04(1)(a) and
777.04 Before you can find the defendant guilty of Attempted First Degree Felony Murder, the State must prove the following two elements beyond a reasonable doubt: Elements Give 1a if defendant is 1....
...s] [her] criminal purpose. Notes to Judge 1. Define the crime alleged. If burglary, also define the crime that was the object of burglary. 2. If 1b is given, immediately give principal instruction (3.01 on page 32a). ATTEMPTED SECOND DEGREE MURDER F.S.
782.04(2) and
777.04 Before you can find the defendant guilty of Attempted Second Degree Murder, the State must prove the following two elements beyond a reasonable doubt....
CopyCited 24 times | Published | District Court of Appeal of Florida
...ve at a righteous result." When an unlawful homicide is perpetrated without premeditation but by an act imminently dangerous to another, evincing lack of moral sense or a mind reckless of human life, it is murder in the second degree. See Fla. Stat. § 782.04, F.S.A.; Ramsey v....
CopyCited 24 times | Published | Supreme Court of Florida
...nd v. State,
399 So.2d 1362, 1369 (Fla. 1981) (quoting Adams v. State,
341 So.2d 765, 768-69 (Fla. 1976), cert. denied,
434 U.S. 878,
98 S.Ct. 232,
54 L.Ed.2d 158 (1977)), rev'd on other grounds, ___ U.S. ___,
102 S.Ct. 3368,
73 L.Ed.2d 1140 (1982); §
782.04(1)(a), Fla....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 16983
...As we mentioned above, pursuant to section 241(a)(2)(C) of the INA any alien who is convicted of using a firearm in violation of any law is deportable. The petitioner was charged with and convicted of “first degree murder with a pistol” pursuant to Florida Statutes sections
782.04 and
775.087. The first statute, section
782.04 proscribes the offense of first degree murder....
CopyCited 24 times | Published | Florida 3rd District Court of Appeal
...Trafficking in narcotics and third-degree murder by trafficking in narcotics do not each require proof of an additional fact which the other does not. Third-degree murder is an unlawful killing, without design, committed while perpetrating any felony except a felony which would make the killing first-degree murder. § 782.04(4), Fla....
...r years and a fine of $50,000. §
893.135(1)(a)2., Fla. Stat. (1981) (where quantity of cannabis involved is 2,000 pounds or more, but less than 10,000 pounds). On the other hand, murder in the third degree constitutes a felony of the second degree, Section
782.04(4), Florida Statutes (1981), and is punishable by a term of imprisonment not exceeding fifteen years. §
775.082(3)(c), Fla. Stat. (1981). We note that the legislature has since amended the homicide statutes to provide that felony murder in the course of a trafficking offense is murder in the first degree and constitutes a capital felony. §
782.04(1)(a)2.a, Fla....
CopyCited 23 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 615, 2011 Fla. LEXIS 2572, 2011 WL 5082614
and felony murder theories of the offense), see §
782.04(l)(a)l.-2., Fla. Stat. (2008), sexual battery
CopyCited 23 times | Published | Supreme Court of Florida
...a robbery. We are requested to recede from our previous holdings to the effect that an indictment generally charging an unlawful homicide with a premeditated design can be proven by evidence of a homicide committed in the perpetration of a robbery. Section 782.04, Florida Statutes, F.S.A....
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 13202, 1993 WL 164983
...ered the death that occurred as a direct result of Appellants’ unlawful transportation of explosives. Contrary to Appellants’ contention, the court could properly conclude that the underlying unlawful conduct violated either 18 U.S.C. § 1111 or Section 782.04, Florida Statutes (1988), the applicable federal and state murder laws....
CopyCited 23 times | Published | District Court of Appeal of Florida
...t an additional element which made such evidence highly damaging to the defendant, viz: it constituted the only evidence in the record that would qualify the killing as being first degree murder as distinguished from lesser degrees of homicide. F.S. Section 782.04 F.S.A....
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 239
...his crime. Rusaw v. State,
451 So.2d 469 (Fla. 1984) (a capital crime is one in which the death sentence is possible). This argument, however, ignores the fact that the legislature has the power to define crimes and set punishments. Id. According to Section
782.04, Florida Statutes (1983), murder in the first degree is a capital offense....
CopyCited 22 times | Published | Supreme Court of Florida | 2003 WL 22097440
...In my view, the statutory provision defining CCP and the standard jury instruction thereon require that the heightened premeditation supporting CCP arise from the element of "premeditated design" supporting the conviction of first-degree murder under section 782.04(1)(a)1, Florida Statutes (1997)....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 25038, 2005 WL 3098893
...uidelines was a mandatory minimum
sentence of three years’ imprisonment to a maximum sentence of twenty-two
years’ imprisonment. The statutory maximum sentence was life imprisonment.
5
See Fla. Stat. § 782.04(2) (1991) (providing that second-degree murder is “a
felony of the first degree, punishable by imprisonment for a term of years not
exceeding life”); Fla....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 15877, 2000 WL 955423
...a jury of six
would be preferable and his client agreed. Petitioner's attorney, on the other hand, made no explanation on
4
Petitioner and Enriquez were charged with first degree murder, a "capital felony," in violation of Fla. Stat.
Ann. § 782.04 (West 2000)....
CopyCited 21 times | Published | Supreme Court of Florida
...The pertinent definition of the offense of felony murder in the first degree is "the killing of a human being ... when committed by a person engaged in the perpetration of, or in the attempt to perpetrate" any of the enumerated possible underlying felonies, including "rape." § 782.04(1)(a), Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 354
...[1] This judgment was affirmed. The state contended by cross appeal that since a firearm was involved, the second-degree murder conviction is reclassified by section
775.087(1)(a), Florida Statutes, (1981) [2] from a first-degree felony pursuant to section
782.04(2), Florida Statutes (1981), to a life felony, punishable by no less than thirty years....
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 20 Fla. L. Weekly Fed. C 873
...Because Gore was convicted of a
capital offense,44 the trial as to that offense proceeded to a penalty phase.45 The
43
Gore also called Chastain as a witness. He corroborated Refner’s deposition testimony.
44
Under Fla. Stat. § 782.04, premeditated murder is a capital offense.
45
Fla. Stat. § 782.04 provides that the processes of Fla....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal
...Unlike Pinder and Mahaun, the defendants here were not convicted of murder in the degree statutorily appropriate to the felony of which they also were found guilty. To the contrary, those crimes are entirely and mutually inconsistent. In fact, under Section 782.04(4), Fla. Stat. (1975), third degree murder is specifically defined, in part, as one which was effected in the commission of "any felony other than ... burglary." (Burglary involves either first or second degree felony murder under 782.04(1)(a) and (3).) Reverting to the Blockburger analysis, then, it is apparent that the statutory definitions of each of the two offenses involves elements which are not common to the other; the third degree murder charge requires a killing, whic...
CopyCited 20 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 790
...NOTES [1] Section 782.12, Florida Statutes, was subsequently repealed by Chapter 72-253, Section 1, Laws of Florida. The Joint Legislative Management Committee's comment regarding the statute's repeal states that the acts prohibited in said statute are now covered either by section
782.04 (the statute describing the degrees of murder), or section
782.07 (the general manslaughter statute)....
CopyCited 20 times | Published | Supreme Court of Florida
...[2] "Murder * * * When perpetrated without any design to effect death, by a person engaged in the commission of any felony, other than arson, rape, robbery [or] burglary, * * * it shall be murder in the third degree, and shall be punished by imprisonment in the state prison not exceeding twenty years." F.S. Sec.
782.04, F.S.A. [3] Mayo v. State, Fla. 1954,
71 So.2d 899; Jenkins v. State,
120 Fla. 26,
161 So. 840. [4] §
782.04, F.S., paragraph 3, F.S.A. [5] §
782.04, F.S., paragraph 1, F.S.A....
CopyCited 20 times | Published | Florida 1st District Court of Appeal | 1993 WL 2968
...the fact that the killing was "perpetrated by [an] act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death" of the victim, that is, second degree murder. § 782.04(2), Fla....
CopyCited 19 times | Published | Supreme Court of Florida | 2002 WL 31026973
...onment was not relevant to a claim of disparate sentencing). A conviction of first-degree murder requires a finding by either a jury or the judge that the defendant committed a murder with premeditation or during the course of a felony enumerated in section 782.04(1)(a)2, Florida Statutes (1987)....
...ently dangerous to another and evincing a depraved mind regardless of human life, without any premeditated design, or that the murder was committed during the course of a felony by a person who was not engaged in the perpetration of that felony. See § 782.04(2)-(3), Fla....
CopyCited 19 times | Published | Supreme Court of Florida
...As we stated in Adams, however, those instructions are proper where the perpetrator of the independent felony (robbery here) also committed the homicide. The verdict indicates the jury found that Aldridge had killed a man while in the course of committing a robbery, a form of murder described as "first degree" in Section 782.04(1)(a), Florida Statutes (1973)....
...The trial court charged the jury that it could not find the defendant guilty of second degree murder if it found the murder to have occurred during the perpetration of a robbery. This charge was directly contrary to the statute on second degree murder then in existence, Section 782.04(2), Florida Statutes (1973)....
CopyCited 19 times | Published | Florida 5th District Court of Appeal
...The required felony is commonly called the background or "underlying offense" or "underlying felony" to distinguish *678 it from the felony offense requiring it. Some such offenses requiring by their definitions the existence of another "underlying" felony offense are the felony murder offenses described in section 782.04(1)(a)2....
CopyCited 19 times | Published | Supreme Court of Florida | 1992 WL 148245
...of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable negligence, permits physical or mental injury to the child, shall be guilty of a misdemeanor of the first degree... . The third-degree murder provision of section 782.04(4), Florida Statutes (1985), provides that the killing of a human being while engaged in the commission of child abuse constitutes murder in the third degree and is a felony of the second degree....
CopyCited 19 times | Published | Supreme Court of Florida
...the appellant and the appellant's violent temper, taken together, are more than adequate to justify the imposition of the death penalty in this cause. The contentions raised by the appellant alleging the vagueness of the felony murder provisions of Section 782.04, Florida Statutes, are without merit and have been answered by this Court in State v....
...sentence of death. I would commute appellant's sentence to life imprisonment on two grounds. First, I cannot agree with the prior and present judgment of this Court as to the constitutionality of the Florida death penalty statutes, Sections
921.141,
782.04 and
775.082, F.S., in the light of Furman v....
CopyCited 18 times | Published | District Court of Appeal of Florida
...The appellant urges that this state of facts is insufficient to justify a conclusion of guilt of murder in the second degree. Murder in the second degree is the killing of a human being "when perpetrated by any act imminently dangerous to another, *359 and evincing a depraved mind regardless of human life." Section 782.04, F.S.A....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1990 WL 188960
...The second degree felony murder statute in pertinent part reads: "When a person is killed in the perpetration of ... [any] robbery ... by a person other than the person engaged in the perpetration of ... such felony, the person perpetrating ... such felony is guilty of murder in the second degree." § 782.04(3), F.S....
CopyCited 18 times | Published | Supreme Court of Florida | 2005 WL 1243417
...petration of a felony [burglary]." [19] Upon conviction, the jury's general verdict form simply stated that the jury found Marshall guilty of first-degree murder. There is no indication as to whether this conviction was for premeditated murder under section 782.04(1)(a)(1), or felony murder under section 782.04(1)(a)(2), or both....
...ly relied upon such exceptions or loopholes to avoid the ambit of Ring's requirements in virtually all of the cases we have reviewed since Ring's release. See supra note 5. [19] The indictment also listed the crimes charged as violations of sections 782.04(1)(a)(1) "and/or" 782.04(1)(a)(2), Florida Statutes (1987). Section 782.04(1)(a)(1) prohibits premeditated murder and section 782.04(1)(a)(2) deals with murders committed during the perpetration of enumerated felonies....
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 1993 WL 174881
...
523 So.2d at 565. In the present case, appellant was charged with attempted first degree murder contrary to sections
777.04(1) and
777.04(4)(a), Florida Statutes (1991), which define the offense of attempt and the appropriate punishment, and contrary to section
782.04(1)(a), Florida Statutes (1991), which defines murder as: (1)(a) The unlawful killing of a human being: 1....
CopyCited 18 times | Published | Supreme Court of Florida | 1995 WL 298932
...Gen., Daytona Beach, for petitioner. James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for respondent. SHAW, Justice. We have for review the following questions certified to be of great public importance: 1. IS SECTION 782.04(1)(a)2 A PROPER VEHICLE FOR FILING A CHARGE OF ATTEMPTED MURDER OF A POLICE OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY? 2. IF SO, CAN THE PROOF OF A NECESSARY ELEMENT OF THE UNDERLYING QUALIFYING FELONY ALSO CONSTITUTE THE OVERT ACT NECESSARY TO PROVE THE ATTEMPTED (FELONY) MURDER OF A LAW ENFORCEMENT OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY? 3. IF SECTION 782.04(1)(a)2 IS AN APPROPRIATE VEHICLE FOR THE CHARGE AND IF AN ESSENTIAL ELEMENT CAN ALSO SERVE AS THE NECESSARY OVERT ACT, ARE ALLEGATIONS IN THE INFORMATION WHICH MERELY ALLEGE THE OFFENSE OF AGGRAVATED ASSAULT OF A POLICE OFFICER ENGAGED...
CopyCited 18 times | Published | Florida 4th District Court of Appeal
...exists in Florida. Although appellant did not initially raise this issue, it was the subject of supplemental briefs and we find it to be of fundamental significance. We conclude that the crime does not exist. Murder in the third degree is defined in Section 782.04(4), Florida Statutes (1981), as follows: (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than...
CopyCited 18 times | Published | Supreme Court of Florida
...quently commandeering another car at gunpoint. He was captured later that night. The principal questions on this appeal have to do with the sufficiency of the evidence, outlined above, to support a charge of murder in the first degree, as defined by Section 782.04, Fla. Stat., F.S.A., the statute under which the appellant was charged. Section 782.04, supra, provides that "The unlawful killing of a human being * * * when committed in the perpetration of or in the attempt to perpetrate any * * * robbery * * * shall be murder in the first degree * *." The appellant contends, first, t...
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 2007 WL 750523
...intentional killings. Adding such an intent element to the crime of manslaughter by act would *96 serve to elevate the crime above second-degree murder, which does not require a specific intent to cause death but only requires "a depraved mind." See § 782.04(2), Fla. Stat. (1999); Fla. Std. Jury Instr. (Crim.) 7.4. In fact, such a requirement would make the crime of manslaughter by act virtually indistinguishable from first-degree premeditated murder, which requires only a conscious intent to kill. § 782.04(1)(a)(1); Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 1993 WL 64614
...Second-degree murder is defined as the "unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1992 WL 150869
...ed to change legal positions in midstream and seek a reversal based on that error. Principles of estoppel, [8] waiver, [9] and invited error, [10] forestall the possible success of such a ruse. AFFIRMED. GRIFFIN and DIAMANTIS, JJ., concur. NOTES [1] § 782.04, Fla....
...[3] Manslaughter is a second degree felony. §
782.07. "A prosecution for any other felony (other than a first degree felony) must be commenced within 3 years after it is committed." §
775.15(2)(b), Fla. Stat. (1981). [4] First degree murder is a capital felony. §
782.04....
CopyCited 18 times | Published | Supreme Court of Florida
...Robert L. Shevin, Atty. Gen., and Mary Jo M. Gallay, Asst. Atty. Gen., for appellee. MORPHONIOS, Circuit Judge. This cause is before us on a direct appeal from an Order of the Circuit Court of the Tenth Judicial Circuit upholding the constitutionality of F.S. 782.04 and transferred to this Court by the District Court of Appeal, 2nd District....
...first time. It is noted, however, that the Court in its charges properly tracked the words of the statute in point, adhered to the standard jury charges in criminal cases as approved by this Court, and in so doing committed no error. Florida Statute 782.04 has previously been challenged in this Court and has been sustained as constitutional (State v....
CopyCited 17 times | Published | District Court of Appeal of Florida
...He testified that the gun accidentally fired at close range when he closed the breach of the gun. An indispensable element of a charge of first degree murder is that the killing must result from a premeditated design to effect the death of a human being. Section 782.04(1), Florida Statutes Annotated....
...16 Fla.Jur., Homicide, Section 16. The evidence here clearly sustains a charge of murder in the second degree, i.e., the killing of a human being, perpetrated by an act imminently dangerous to another and evincing a depraved mind regardless of human life. Section 782.04(2), Florida Statutes, F.S.A....
CopyCited 17 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 836, 2008 Fla. LEXIS 1974, 2008 WL 4587203
...New language is indicated by underlining, and deletions are indicated by struck-through type. It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, and LEWIS, JJ., concur. CANADY and POLSTON, JJ., did not participate. APPENDIX 7.2 MURDERFIRST DEGREE § 782.04(1)(a), Fla....
...Transferred intent. Give if applicable. If a person has a premeditated design to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated. Lesser Included Offenses FIRST DEGREE (PREMEDITATED) MURDER
782.04(1)(a) ----------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ----------------------------------------------------------------------------- Second degree
782.04(2) 7.4 (depraved mind) murder ----------------------------------------------------------------------------- Manslaughter
782.07 7.7 ----------------------------------------------------------------------------- Second degree (felony)
782.04(3) 7.5 murder ----------------------------------------------------------------------------- Third degree (felony)
782.04(4) 7.6 murder ----------------------------------------------------------------------------- Vehicular homicide
782.071 7.9 ----------------------------------------------------------------------------- Aggravated assault
784.021 8.2 -----------...
...-------- Culpable negligence
784.05(2) 8.9 ----------------------------------------------------------------------------- Culpable negligence
784.05(1) 8.9 ----------------------------------------------------------------------------- Attempted second
782.04(2) & degree murder
777.04 6.4 ----------------------------------------------------------------------------- Attempted voluntary
782.07 & manslaughter
777.04 6.6 ----------------------------------------------------------------------------- Comment This instruction was adopted in 1981 and was amended in October 1981, and July 1997, and 2008. 7.4 MURDER-SECOND DEGREE §
782.04(2), Fla.Stat....
...is of such a nature that the act itself indicates an indifference to human life. In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death. Lesser Included Offenses SECOND DEGREE (DEPRAVED MIND) MURDER
782.04(2) ------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------ Manslaughter
782.07 7.7 ------------------------------------------------------------------------ Third degree (felony)
782.04(4) 7.6 murder ------------------------------------------------------------------------ Vehicular homicide
782.071 7.9 ------------------------------------------------------------------------ (Nonhomicide lessers)
777.04(1) 5.1 Attempt --------...
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7719, 2010 WL 2219195
...Robinson's motion for judgment of acquittal, and we affirm his adjudication of guilt without comment. We also affirm the sentence imposed on him but write to explain our reasoning. A jury found Mr. Robinson guilty of the offense of second-degree murder with a firearm under section 782.04(2), Florida Statutes (2006)....
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit
CopyCited 17 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 93, 2013 WL 535412, 2013 Fla. LEXIS 261
evincing a depraved mind regardless of human life.” §
782.04(2), Fla. Stat. (2012). And there is no evidentiary
CopyCited 17 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 467
...Which resulted from the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user... . Section 782.04(1)(a), Florida Statutes (1983)....
...Third-degree felony murder is defined as: (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any: [of the first-degree murder felonies.] Section 782.04(4), Florida Statutes (1983)....
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...McGinnes, Asst. Public Defender, Tallahassee, for appellant. Barbara Ann Butler, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Briggs was convicted in a jury trial of murder in the second degree with the use of a firearm in violation of section 782.04(2), Florida Statutes....
CopyCited 17 times | Published | District Court, S.D. Florida | 1986 U.S. Dist. LEXIS 26038
...299,
52 S.Ct. 180,
76 L.Ed. 306 (1932) that there is no double jeopardy violation if each statutory offense for which sentence is imposed requires proof of an additional fact which the other does not. A conviction of first degree murder under Fla.Sta. Section
782.04 does not require a robbery but may be based upon premeditation or one of seven statutorily enumerated felonies....
CopyCited 16 times | Published | Supreme Court of Florida | 1988 WL 117319
...As of 1971, Florida's homicide statute did not include the offense of second-degree felony murder but section 776.011, Florida Statutes (1971) made all principals equally culpable of first-degree felony murder. In 1972, as a result of the Furman [3] decision, the legislature revised section
782.04 and enacted section
921.141, Florida Statutes (1973). Ch. 72-724, §§ 3, 9, Laws of Fla. In revising section
782.04, the legislature established the crime of second-degree felony murder, defining it as a murder "committed in the perpetration of or in the attempt to perpetrate any arson, rape, robbery, burglary, kidnaping, aircraft piracy, or unlawfu...
..., depending upon the presence of the defendant as a principal in the first or second degree. (Emphasis added). In doing so, we recognized that we were resurrecting an extinct distinction that the legislature had abolished. Under the prior Fla. Stat. § 782.04, F.S.A....
...tions of principal in the first degree, principal in the second degree, and accessory before the fact were all combined within the statutory definition of principal in the first degree in Fla. Stat. § 776.011, F.S.A., and in the repealed Fla. Stat. § 782.04, F.S.A. Id. We then concluded: The obvious intention of the Legislature in making this change [to section 782.04] is to resurrect the distinction between principals in the first or second degree on the one hand and accessories before the fact on the other, in determining *268 whether a party to a violent felony resulting in murder is chargeable with murder in the first degree or murder in the second degree. As to the distinction in any particular case, we need but refer to the rich heritage of case law on the distinctions between principals in the first or second degree and accessories before the fact. Id. We revisited section 782.04, Florida Statutes (1973), and reaffirmed our Dixon analysis in Adams v....
...such felony shall be guilty of murder in the second degree which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in chapter 775. Ch. 74-383, § 14, Laws of Fla. (codified at § 782.04(3), Fla....
...Three cases illustrate the problem. In Hite v. State,
364 So.2d 771 (Fla. 2d DCA 1978), cert. denied,
372 So.2d 471 (Fla. 1979), overruled in part, State v. Lowery,
419 So.2d 621 (Fla. 1982), the accused was charged and convicted of first-degree felony murder under section
782.04 (Fla....
...der current law, hold that an accused must be present at the scene in order to be convicted of first-degree felony murder. Concerning the certified question, it is apparent from a plain reading of the statute, as amended, that the offense defined in section 782.04(3), Florida Statutes (1975 and thereafter) requires that the killing be performed by a nonprincipal....
...Consequently, having objected to the lesser included instruction, respondent may not be convicted of second-degree felony murder. We summarize our holdings as follows. First, section
777.011 is controlling and a principal does not have to be at the scene of the crime. Second, second-degree felony murder as defined in section
782.04(3) requires that the killing be done by a nonprincipal....
...We answer the certified question in the affirmative and approve the result below. It is so ordered. EHRLICH, C.J., and OVERTON, BARKETT, GRIMES and KOGAN, JJ., concur. McDONALD, J., dissents. NOTES [1] The lower court certified the following question: IS A CONVICTION UNDER SECTION
782.04(3), FLORIDA STATUTES, THE SECOND-DEGREE FELONY MURDER SECTION, LIMITED TO ONLY THOSE SITUATIONS WHERE THE PERSON WHO ACTUALLY KILLS THE INNOCENT VICTIM IS NOT ONE OF THE PRINCIPALS IN THE COMMISSION OF THE FELONY, SUCH AS A BYSTANDER OR LAW ENFORCEMENT OFFICER, BUT RATHER SOMEONE ELSE? Dene,
512 So.2d at 1156....
CopyCited 16 times | Published | Supreme Court of Florida
...is not so distinctive as to evoke constitutional concern under Taylor. McArthur v. State,
351 So.2d 972, 975 (Fla. 1977). III. The appellant contends that the jury instructions defining second degree felony murder were erroneous. He was tried under section
782.04, Florida Statutes (1973), the murder statute in effect at the time of the offense, [1] which provided: (1)(a) The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed o...
...al element of murder. In any prosecution, the jury should be given precise instructions as to each element of the offense, and murder prosecutions are no exception. I would reverse the judgment and order a new trial. SUNDBERG, J., concurs. NOTES [1] Section 782.04 was subsequently amended by chapter 74-383, section 14, Laws of Florida and chapter 75-298, section 6, Laws of Florida....
...ting to perpetrate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in §
775.082, §
775.083, or §
775.084. §
782.04(3), Fla....
CopyCited 16 times | Published | Supreme Court of Florida
...er in the third degree could not be given by the trial court as there is no such crime recognized by our Court. Fla. Stat., § 784.06 (F.S.A.), punishes "an assault with intent to commit" a felony. Murder in the third degree is a felony. Fla. Stat., § 782.04 (F.S.A.), provides: "The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed or any human being, or when committed in the perpetration of or in the attempt to perpetrate an...
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...In this case, as in most such cases, the evidence that the killing was unlawful consists of circumstantial evidence as to the facts surrounding the killing and, particularly, as to the defendant's specific mental intent which is an essential constituent element of the unlawful homicide charged (first degree murder, § 782.04(1)(a)1., Fla....
...justified or excusable and therefore not unlawful. The evidence that convinced the jury that the defendant unlawfully caused the decedent's death by an imminently dangerous act evincing a depraved mind regardless of human life (second degree murder, § 782.04(2), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...attempted to flee only upon being apprised of their actions while in the bank. The State relies upon Enmund v. State,
399 So.2d 1362 (Fla. 1981), to support the conviction of Joseph Williams. Enmund v. State was a robbery-murder case which construed Section
782.04, Florida Statutes (1973)....
...The court, therefore, held there was sufficient evidence that Enmund was a principal in the second degree, constructively present aiding and abetting the commission of the crime of robbery and, therefore, guilty of murder in the first degree under Section 782.04(1)(a)....
CopyCited 16 times | Published | Supreme Court of Florida | 2008 WL 2678052
...ch requires the finding of an "act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." Hoefert,
617 So.2d at 1050 (quoting §
782.04(2), Fla....
...s to the jury. Thus, Bigham was effectively acquitted on these three charges. In order to find a defendant guilty of second-degree murder, the murder must have been committed while the defendant was a participant in one of the felonies enumerated in section 782.04(3), Florida Statutes, and the actual killing was done by someone other than the person engaged in committing the felony or, as defined in section 782.04(2), the murder was committed during the course of an act that was imminently dangerous to another and evincing a depraved mind. Since the defendant was acquitted on the felony charges and we have no evidence that the death occurred by the act of another, Bigham cannot be convicted of second-degree murder under 782.04(3)....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 21 Fed. R. Serv. 557, 1986 U.S. App. LEXIS 29017
...“Racketeering activity” is defined as “any act or threat involving murder, kidnapping, ... which is chargeable under State law.” 18 U.S.C. § 1961 (1)(A) (Supp.1984) Conspiracy to kidnap and conspiracy to murder are chargeable under Florida law. See Fla. StatAnn. §§
777.04,
787.01,
782.04 (Supp....
...ate murder or to inflict bodily harm upon him. See Fla.Stat. Ann. §
787.01(l)(a) (Supp.1986) (Florida kidnapping statute). The evidence also clearly demonstrates Fernandez’ intent and agree *951 ment to unlawfully kill Rogelio. See Fla. Stat.Ann. §
782.04 (Supp.1986) (Florida murder statute)....
CopyCited 16 times | Published | Supreme Court of Florida
...This court has many times held that such a charge is proven by showing (1) that the murder was committed with a premeditated design or (2) that it was done while perpetrating or attempting to perpetrate burglary, robbery or rape, or any of the other felonies set forth in Section 782.04, Florida Statutes, F.S.A....
...It is our view that appellant's plea placed in issue every material allegation of the indictment, that the state carried the burden of proving the elements of murder in the first degree and that it was committed in the perpetration or during the attempt to perpetrate rape, burglary or any offense condemned by Section 782.04, Florida Statutes, F.S.A....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1785923
...The definition of second-degree murder is: "The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...NESBITT, Judge. The defendant appeals from a judgment of conviction for manslaughter entered pursuant to Section
782.07, Florida Statutes (1977). His adjudication arose out of an information charging him with murder in the second degree pursuant to Section
782.04(2), Florida Statutes (1977)....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...d when he accidentally set fire to himself while attempting to burn certain buildings * * *", and the state does not dispute this finding. Whereupon the court dismissed the indictment as not stating a cause of action under the felony-murder statute, § 782.04, F.S.A....
...fire to himself while attempting to burn certain buildings" at the hunting camp, at which time Hanssen "was at the camp alone". Discussing the law applicable to the foregoing facts the trial Judge held that "the purpose of the felony-murder statute (782.04 Florida Statutes [F.S.A.]) is to supplant the required showing of premeditated design or malice as an element of first degree murder with a showing that the unlawful killing of a human being was effected by the defendant or his accomplice inci...
...That portion of our first degree murder statute (commonly referred to as the felony-murder statute) provides inter alia that "the unlawful killing of a human being * * * when committed in the perpetration of or in the attempt to perpetrate any arson * * * shall be murder in the first degree." F.S. sec. 782.04, F.S.A....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1990 WL 157745
...Gen., Tallahassee, for appellee. WOLF, Judge. Johnson appeals his judgment and sentence for second degree murder and possession of a firearm on several grounds, only one of which we find to have merit. The defendant was convicted of second degree murder pursuant to section 782.04(2), Florida Statutes (1989), which constitutes a first degree felony....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31322780
...Raffel, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Jose Pena appeals his judgment for first-degree murder and his sentence of life without possibility of parole. Mr. Pena was charged and convicted of murder resulting from the unlawful distribution of an illegal drug under section 782.04(1)(a)(3), Florida Statutes (1999)....
...Fernandes unresponsive in his apartment. After efforts to revive her failed, he placed her body in a car and dumped it in the location where she was later found. Based on this investigation, the State charged Mr. Pena with a first-degree murder by drug distribution under section 782.04(1)(a)(3), Florida Statutes (1999). This statute provides: 782.04 Murder. (1)(a) The unlawful killing of a human being: ....
...Pena of this offense, and the jury found him guilty as charged. The trial court imposed a mandatory life sentence. Mr. Pena raises three issues on appeal: (1) that the trial court committed fundamental error in failing to instruct the jury of the age requirement for the defendant under section 782.04(1)(a)(3) and in permitting a conviction on this charge when his age was not alleged in the information, (2) that the trial court committed fundamental error by failing to swear the venire prior to voir dire, and (3) that the trial cour...
...5th DCA 2002) (holding that if defendant would have preserved issue of failure to swear venire, state would bear burden of supplementing record to establish compliance with rule 3.300). IV. FAILURE TO INSTRUCT ON JUSTIFIABLE AND EXCUSABLE HOMICIDE Because there is no standard jury instruction addressing section 782.04(1)(a)(3), the parties in this case each submitted different instructions....
...can be fundamental, reversible error in some instances. See, e.g., Rojas v. State,
552 So.2d 914 (Fla.1989); Van Loan v. State,
736 So.2d 803, 804 (Fla. 2d DCA 1999); Smith v. State,
773 So.2d 1278, 1279 (Fla. 5th DCA 2000). The offense described in section
782.04(1)(a)(3), however, is an unusual form of felony murder....
...In fact, the defendant does not even need to possess knowledge of the drug overdose or to be present when it occurs. If the defendant unlawfully distributes an illegal drug and the distribution results in a death caused by the drug, then the defendant is guilty of first-degree murder under section 782.04(1)(a)(3)....
...rtify the following questions as matters of great public importance: I. IS IT FUNDAMENTAL ERROR FOR A TRIAL COURT TO OMIT AN INSTRUCTION THAT THE DEFENDANT MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO COMMIT DRUG-DISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), WHEN IT IS UNDISPUTED THAT THE DEFENDANT IS OVER EIGHTEEN? II. IS IT FUNDAMENTAL ERROR FOR A TRIAL COURT TO OMIT INSTRUCTIONS ON EXCUSABLE AND JUSTIFIABLE HOMICIDE WHEN A DEFENDANT IS CHARGED AND CONVICTED OF DRUG-DISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), AND THE FACTUAL CIRCUMSTANCES DO NOT SUPPORT ANY JURY ARGUMENT RELYING UPON THE EXCUSABLE OR JUSTIFIABLE HOMICIDE INSTRUCTIONS? Affirmed....
...In those cases, the missing element constituted the actus reas of the offense. In contrast, the missing element in this case was the defendant's age, which is simply a requirement that this crime be an adult offense. Mr. Pena's age cannot be considered part of the act required for a conviction under section 782.04(1)(a)(3), Florida Statutes (1999).
CopyCited 15 times | Published | Supreme Court of Florida
...Pursuant to plea negotiations defendant entered a plea of guilty to the robbery count and nolo contendere to the murder charge. Upon appeal the judgment of guilt for second degree murder was reversed and the judgment and sentence for robbery were affirmed. The district court of appeal held that section 782.04(3), Florida Statutes, defining those who shall be liable for second degree felony murder, does not contemplate a prosecution for that offense where an accomplice, co-conspirator or co-perpetrator of the underlying felony is subsequently killed by a police officer during the commission of the underlying felony....
...The defendant, in his appeal from a conviction of murder in the first degree, argued that only "innocent" persons killed during the perpetration of a felony were intended by the legislature to be included in the phrase "a person is killed" contained in section 782.04(3) Florida Statutes (1975)....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6221, 2010 WL 1793022
...lling of a human being is: 1) perpetrated from a premeditated design to cause the death of a human being; 2) caused by a person perpetrating certain enumerated felonies or 3) caused by the distribution of certain specified controlled substances. See § 782.04(1)(a)1.-3., Fla....
...Resisting an officer with violence to his or her person, q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or * * * is murder in the first degree and constitutes a capital felony, punishable as provided in s.
775.082. §
782.04(1)(a)2., Fla....
...native theories of premeditated murder and felony murder with a weapon for the stabbing deaths of a woman and her three-month-old daughter. Id. at 186, 217. The underlying felony for the felony murder theory was aggravated child abuse as provided in section 782.04(1)(a)2.h....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1989 WL 55959
...bout of drug abuse and sex. The language in the indictment stated in part that King was responsible for the victim's death "unlawfully and from a premeditated design ... by causing neck compression and providing cocaine, contrary to Florida Statute 782.04(1)(a)." (emphasis added)....
...State v. DiGuilio,
491 So.2d 1129 (Fla. 1986). We conclude that the error was harmful here. In the instant case the jury returned a verdict of second degree murder. For a verdict of second degree murder, Florida requires a finding of a depraved mind. See §
782.04(2), Fla....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1988 WL 47253
...y to reload his gun. Phyllis Smith was also present at the scene. She was looking for cans at the dumpster in the alley. The State charged appellant by information with two counts of attempted first-degree murder with a firearm, pursuant to Sections
782.04,
777.04, and
775.087, Florida Statutes; one count of use of a firearm during the commission of a felony, pursuant *1134 to Section
790.07(2), Florida Statutes; and one count of possession of a firearm by a convicted felon, pursuant to Section
790.23, Florida Statutes....
...The recommended guidelines sentence was 20 years, with a range of 17 to 20 years. Appellant argues that his conviction under Section
790.07(2), Florida Statutes, for use of a firearm during the commission of a felony, is a lesser-included offense of his convictions under Sections
782.04,
777.04, and
775.087, Florida Statutes, for attempted first-degree murder with a firearm....
...Unlike the instant case, Strickland did not involve a separate conviction under Section
790.07(2), Florida Statutes. Nothing in Strickland precludes this court from determining that a conviction under Section
790.07(2), Florida Statutes, is a lesser-included offense of a conviction under Sections
782.04,
777.04, and
775.087, Florida Statutes....
...Statutes: "Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm is guilty of felony of the second degree... ." Attempted first-degree murder under Sections
782.04 and
777.04, Florida Statutes, becomes the enhanced offense of attempted first-degree murder with a firearm under Section
775.087, Florida Statutes, which provides: (1) Unless otherwise provided by law, whenever a person is charged with a felon...
...a felony of the first degree, to a life felony. In the instant case, the offense of attempted first-degree murder with a firearm is a life felony which requires the State to prove: all elements of first-degree murder except death of the victim under Section
782.04, Florida Statutes; all of the elements of attempt under Section
777.04, Florida Statutes; and use of a firearm during the commission of a felony under Section
775.087, Florida Statutes....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1997 WL 106191
...nection with the third degree murder charge filed against him. The motion was properly made at the close of the state's case in chief and renewed at the close of all of the evidence. The appellant was charged with third degree murder in violation of section 782.04(4), Florida Statutes (1993)....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16902
...hrough culpable negligence killed him; Cuna Mutual Casualty Co. v. Adamides,
334 So.2d 75, 76 (Fla. 3d DCA 1976); Grange Mutual Casualty Co. v. Thomas,
301 So.2d 158 (Fla. 2d DCA 1974). 2. The insured defendant's conviction for second degree murder [§
782.04(2), Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal
...of jury selection, two full days of testimony and an added day for jury deliberation. Gloria Neal was charged with first-degree murder which, upon conviction, would result in a minimum mandatory twenty-five year prison term. [1] §§
775.082(1) and
782.04(1)(a), Fla. Stat. (1981). The conviction for second-degree murder carries a possible penalty of life imprisonment. §
782.04(2), Fla....
CopyCited 15 times | Published | Supreme Court of Florida
...428,
94 So. 865 (1922). We agree with appellant, however, that the evidence, exclusive of any substantive use of the prior inconsistent statements, does not support a finding that he shared in the "premeditated design to effect the death" of Clifton Rogers. §
782.04(1)(a), *386 Fla....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1991 WL 133505
...Morrow of David & Morrow, P.A., Jacksonville, for appellant. Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Ronald Anthony Thomas appeals his convictions of first degree murder for violating section
782.04(1)(a), Florida Statutes (1989), and armed robbery with a firearm for violating section
812.13....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 1989 WL 75720
...In summary, each of Kelly's convictions are affirmed except as to Count VIII for the use of a firearm in the commission of a felony. This cause is remanded for re-sentencing. Affirmed in part; Reversed in part; Remanded. ORFINGER and SHARP, JJ., concur. NOTES [1] §
777.04(1) and §
782.04(1)(a), Florida Statutes, 1987....
CopyCited 15 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751
(Fla. 1995), TO BE A NONEXISTENT CRIME UNDER SECTION
782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 4911, 1988 WL 26460
...The lesser included offenses of first degree murder have a two year statute of limitations. Id., Mitchell v. State,
157 Fla. 121 ,
25 So.2d 73 (1946). 2 . Florida has several categories of murder, including first degree premeditated murder, Fla. Stat.Ann. §
782.04(l)(a)(l) (West Supp.1987); first degree felony murder, id. at §
782.04(l)(a)(2); second degree depraved mind murder, id. at §
782.04(2); and second degree felony murder, id. at §
782.04(3)....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit
of any particular individual." Fla. Stat. §
782.04 (2). The thrust of Jones's argument then
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 16361, 2011 WL 4949803
...The crime of second degree murder is defined as the "unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04, Fla....
CopyCited 14 times | Published | District Court, M.D. Florida
...288,
62 L.Ed.2d 197 (1979); United States v. Greene,
489 F.2d 1145 (D.C.Cir. 1973), cert. denied,
419 U.S. 977,
95 S.Ct. 239,
42 L.Ed.2d 190 (1974). Florida's statute does not require proof of a defendant's sanity as an element of first degree murder, Fla.Stat. §
782.04(1)(a), and petitioner's appeal to due process principles in this regard therefore fails....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1994 WL 201553
...mless. Franklin v. State,
403 So.2d 975, 976 (Fla. 1981). Aggravated child abuse is listed as one of the offenses which will support a first-degree murder verdict if a death occurs during the commission, or attempt to commit, aggravated child abuse. §
782.04(1)(a)2, Fla....
CopyCited 14 times | Published | Supreme Court of Florida
...there was neither allegation nor proof that the deceased was pregnant with a quick child. In the Weightnovel case, construing the applicable statutes, we said: *187 "Murder in the third degree is defined by section 2380, Rev.St. [presently F.S. Sec. 782.04] as follows: `The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the commission of any felony, other than arson, rape, robbery or burglary, it shall be murder in the third degree, and shall be punished,' etc....
...We announced and relied upon this corollary in the opinion. The legislature has had since 1903 to amend the abortion statutes to eliminate the construction placed upon them by the Weightnovel case, Fla.,
35 So. 856. It has not done so. In the Weightnovel case this court construed three statutes, F.S. §
782.04, F.S.A....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...1979) the supreme court held that the State could prosecute a first degree murder charge on the theory of felony murder although premeditated murder was charged, but where the only evidence to sustain the murder conviction was furnished by proof that the killing occurred as the result of one of the felonies enumerated in Section 782.04(1), Florida Statutes, the defendant could not be convicted and punished for both the felony murder and the underlying felony....
...The enhanced sentence for the third degree murder conviction is set aside and the case is remanded to the trial court for resentencing on that count. AFFIRMED in part, REVERSED in part and REMANDED. COBB and COWART, JJ., concur. NOTES [1] Fla. Stat. § 782.04(4) defines third degree murder as: The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any other arso...
CopyCited 14 times | Published | Florida 4th District Court of Appeal
...individual, did kill and murder one John Barnes, a human being, with a revolver, with which said revolver the Defendant then and there shot the said John Barnes, inflicting wounds from which he did languish and die on January 19, 1970, contrary to F.S. 782.04, F.S.A." (Emphasis supplied.) Looking to the instant circumstances, we see that they fit precisely into category 4 of Brown v....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1999 WL 17813
...being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree...." § 782.04(2), Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2001 WL 1538544
...Second-degree murder is defined as The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual ... § 782.04(2), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...from a premeditated design to effect the death of JOSEF TOLAR by beating him about the head, a further description of which is to the Grand Jurors unknown, contrary to the form of the statute in such cases made and provided, to-wit: Florida Statute 782.04, and SECOND COUNT The Grand Jurors of the County of Hillsborough, State of Florida, charge that JERRY WILLIS HARRIS AKA RUDOLPH MAXIUM (sic) HARRIS, on the 4th day of July, 1981, in the County and State aforesaid, did unlawfully, by force, vio...
CopyCited 13 times | Published | District Court of Appeal of Florida
...not consider it. Appellant has also raised the contention that the two life sentences as imposed by the court to run consecutively were excessive and constituted cruel and inhuman punishment. However, the applicable law refutes this position. Under section 782.04, Florida Statutes, F.S.A., murder in the second degree is defined as one perpetrated by an act imminently dangerous to another, evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...tent. The credibility and probative force of such conflicting evidence is properly a question of fact for the jury. It is clear that the jury could reasonably conclude that Zuberi participated in the robbery as an aider or abettor or as a principal. Section 782.04(1)(a), of the Florida Statutes provides for felony murder where a death has occurred in connection with the *666 crime of robbery or burglary....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...rson, did strike one Steven Gadoury, a human being, in the neck with a glass, thereby inflicting upon him mortal wounds, of which said mortal wounds, and by the means aforesaid and as a direct result thereof, Steven Gadoury died; contrary to Chapter 782.04(2) Florida Statutes......
...y exited the bar and departed the area altogether. After reviewing Rogers' motion and the state's demurrer, the trial judge concluded that Rogers could not be found guilty of any crime greater than manslaughter and dismissed the state's information. Section 782.04(2), Florida Statutes (1979), defines second degree murder as "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual......
CopyCited 13 times | Published | District Court of Appeal of Florida
...The court having thereupon applied the petition for rehearing and the arguments before the court upon the petition for rehearing to the opinion as corrected and finding that no reversible error has been shown, the court adheres to its previous opinion as corrected. NOTES [1] Section 782.04, Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1998 WL 422595
...We hold that the jury lawfully convicted Appellant of attempted premeditated murder by employing well-established presumptions regarding jury instructions. The trial judge below instructed the jurors that they could find Appellant guilty of attempted first-degree murder under either one of two theories: First, under section 782.04(1)(a)1, Florida Statutes (1991), when the attempt is "perpetrated from a premeditated design to effect the death of the person killed or any human being;" or, second, under a felony-murder theory whereby the attempted killing happens while engaged in the perpetration of specified felonies. § 782.04(1)(a)2a-j, Fla....
...According to the trial judge's instructions, therefore, in order for the jury to find Appellant guilty under the felony-murder theory, the jury would also have had to find him guilty of burglary of a conveyance, the only underlying felony charged. § 782.04(1)(a)2e, Fla....
CopyCited 13 times | Published | Supreme Court of Florida | 2003 WL 151812
...tion in this Court to be the next step in the review process relative to his illegal sentence claim, as opposed to a true original writ proceeding. The decision from the Fifth District in Baker's case reads in its entirety: "AFFIRMED. See Fla. Stat. §
782.04(2) (2001)." Baker,
820 So.2d at 382....
...er's claims. A timely appeal of the trial court's order of denial was ensued by Petitioner to the Fifth District Court of Appeal, whereupon, on May 28, 2002, the court issued its none [sic] final order of a per-curiam decision citing Florida Statute
782.04 (2001), without any consideration of the fact that the charged offenses occurred December 19, 1983, and the fact that the charged offense under count one of the indictment, reduced to second degree murder by jury verdict, being a first degree felony "must be reclassified to a life felony" pursuant to
775.087(3)(a), Fla....
CopyCited 13 times | Published | Supreme Court of Florida | 2008 WL 516424
...Both Virginia Larzelere and her son Jason Larzelere were indicted for the murder of Norman Larzelere. The indictment alleged that "Virginia Gail Larzelere and Jason Eric Larzelere did, on the 8th day of March, 1991, in Volusia County, Florida, in violation of Florida Statute 782.04, form a premeditated design to effect the death of NORMAN LARZELERE ....
CopyCited 13 times | Published | District Court of Appeal of Florida
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1981 U.S. App. LEXIS 14910
...Herron v. United States,
551 F.2d 62 (5th Cir. 1977); United States v. Hartford,
489 F.2d 652 (5th Cir. 1974). Florida law provides for the imposition of a maximum sentence of life imprisonment for the commission of second degree murder. Fla.Stat. §
782.04....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1989 WL 90481
...As it did so, the driver lost control, crossed the center line and struck another vehicle head on, fatally injuring a 16-month old baby who was a passenger in that vehicle. The baby died the next day, and Ellison was charged with depraved-mind second-degree murder, contrary to Section
782.04(2), Florida Statutes, and grand theft, contrary to Section
812.014(2)(c), Florida Statutes....
CopyCited 13 times | Published | Supreme Court of Florida | 2000 WL 422865
...e, it is reasonable to infer that Randall intended for his choking behavior to lead only to sexual gratification, not to the deaths of his sexual partners. Randall contended at trial that, at most, the evidence established second-degree murder under section 782.04(2), Florida Statutes (1995) (second-degree murder is perpetrated by an act imminently dangerous to another and evincing a depraved mind regardless of human life)....
...CONCLUSION Although we find the evidence in this case is insufficient to support Randall's convictions for first-degree murder, we do find that the evidence is consistent with unlawful killing without any premeditated design to effect the death of any particular individual. § 782.04(2), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2362
...ed homicide. Having considered both the nature of felony murder and the effect of the limitations statute, we find Jackson's contention meritless. First, the predicate or threshold crime is statutorily distinct from the crime *1095 of felony murder. § 782.04, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...There are then different standards to be applied to cumulative sentences and successive prosecution actions. [1] The robbery statute, §
812.13, Fla. Stat. (1977), prohibits the taking of money or other property by force, violence, assault, or putting in fear. Section
782.04, Florida Statutes (1977) provides that the unlawful killing of a human being when perpetrated from premeditated design or when committed by a person engaged in the perpetration of or attempt to perpetrate any one of certain enumerated criminal offenses, including robbery, constitutes first-degree murder....
CopyCited 12 times | Published | Supreme Court of Florida | 2006 WL 3313734
...at 304,
52 S.Ct. 180). [8] The intent required for burglary is that the accused intended to commit an offense. §
810.02(1)(a), Fla. Stat. (2006). The intent required for premeditated murder is that the accused formed the specific intent to kill a human being. §
782.04(1)(a)(1), Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...rder committed during the course of a robbery requires, by definition, proof of the predicate robbery, the latter is necessarily an offense included within the former." First degree felony murder does not require proof of a completed robbery because section 782.04(1)(a) requires the killing to have been "committed by a person engaged in the perpetration of, or in the attempt to perpetrate" the underlying felony of robbery, etc....
...ance: [1] a) DOES THERE EXIST UNDER FLORIDA LAW A CRIMINAL OFFENSE OF ATTEMPTED FELONY MURDER? b) IF SO, WHAT ARE ITS ESSENTIAL CONSTITUENT ELEMENTS? ORFINGER, C.J., and DAUKSCH, COBB, FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur. NOTES [1] Section 782.04 Murder....
...paration of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, shall be murder in the first degree and shall constitute a capital felony, punishable as provided in s.
775.082. [2] Section
782.04 Murder....
...to perpetrate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s.
775.084. [3] Section
782.04 Murder....
...5th DCA 1981); see cases cited in 1 W. Burdick, Law of Crime, § 120 n. 77 (1946). [2] State v. Wright,
379 So.2d 96 (Fla. 1979); Mikenas v. State,
367 So.2d 606 (Fla. 1978); State v. Presley,
389 So.2d 216 (Fla. 5th DCA 1980); Marcum v. State,
379 So.2d 974 (Fla. 5th DCA 1979); §
782.04(3), Fla....
...ting to perpetrate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s.
775.084. §
782.04(3), Fla....
...[3] The doctrine of felony murder is an artificial, statutory creation which often has led to illogical outgrowths. See State v. Williams,
254 So.2d 548 (Fla. 2d DCA 1971). The basis for the felony murder doctrine itself is under well-reasoned attack. See People v. Aaron, 409 Mich. 672, 299 N.W.2d 304 (1980). [1] §
782.04, Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...Upon the foregoing facts the jury convicted Geraldine of second degree murder, as charged. She first complains that the trial court erred in not reducing the charge to manslaughter. We agree. The requisite evidence, "evincing a depraved mind regardless of human life" essential to a second degree murder conviction under section 782.04(2), Florida Statutes (1979), is absent....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 18372, 1996 WL 388399
...On May 29, 1986, Marante pleaded guilty to arson, accessory
after the fact, and conspiracy. On June 1, 1986, a state grand
jury returned an indictment charging Chateloin and Rodriguez with
first-degree murder in violation of Florida Statutes §
782.04,
armed robbery in violation of Florida Statutes §
812.13, conspiracy
to commit armed robbery and kidnapping in violation of Florida
Statutes §§
812.13,
787.01,
775.087, and
777.04, and possession of
a firearm while engaged in a criminal offense in violation of
Florida Statutes §
790.07....
CopyCited 12 times | Published | Supreme Court of Florida
...ng out of the store, there is no testimony to the effect that there was a taking of money or other property by defendant through force, violence, assault or putting in fear. At most, contends appellant, the State proved an attempt to take the money. Section 782.04(1)(a), Florida Statutes, provides: "The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed or any human being, or when committed by a person engaged in the perpetrati...
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit
...uest that the court empanel
twelve jurors, and jury selection began. The selection process did not conclude on
4
Petitioner and Enriquez were charged with first degree murder, a “capital
felony,” in violation of Fla. Stat. Ann. § 782.04 (West 2000)....
CopyCited 12 times | Published | Supreme Court of Florida | 2001 WL 1585050
...FACTUAL BACKGROUND Jose Betancourt was charged with and found guilty of four first-degree felonies in which the applicable statutes that codify them specifically provide that they each constitute "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life." §§
782.04(2),
787.01(2),
810.02(2),
812.13(2)(a), Fla....
..."A capital felony and a life felony must be so designated by statute." §
775.081(1), Fla. Stat. (1989). Second-degree murder ... is designated by statute as "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life ..." §
782.04(2) Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 152 Fla. 756, 1943 Fla. LEXIS 1032
of homicide are defined in the same statute, Section
782.04, Florida Statutes of 1941. In expounding them
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2348894, 2013 U.S. App. LEXIS 10903
...Under Florida law,
Case: 12-11044 Date Filed: 05/30/2013 Page: 2 of 42
first-degree murder requires a “premeditated design” to kill, which consists of a
specific intent to kill coupled with premeditation. See Fla. Stat. § 782.04(1)(a);
Anderson v....
...Combining these threads of law with the prejudice requirement, the question before us is
whether there is a reasonable probability that the jury, if presented with a voluntary intoxication
31
Case: 12-11044 Date Filed: 05/30/2013 Page: 32 of 42
782.04(1)(a); Anderson, 276 So....
CopyCited 11 times | Published | Supreme Court of Florida
...The trial judge improperly expressed an opinion as to appellant's guilt. 5. The court erred in denying a motion for change of venue. 6. The court erred in failing to grant a new trial because a juror fainted during the taking of testimony. 7. The court erred in holding that Section
782.04 and Section
921.141, Florida Statutes, are constitutional....
CopyCited 11 times | Published | District Court of Appeal of Florida
...This claim for reversal is, therefore, denied. See Gibson v. State, Fla.App. 1967,
194 So.2d 19. We find no reversible error under the evidence submitted to the jury, in the charge which was given. Jefferson v. State, Fla. 1961,
128 So.2d 132; Fla. Stat. §
782.04, F.S.A....
CopyCited 11 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 374
...was erroneously classified as a life felony and Merchant was thus assessed fifty points for this prior conviction. Merchant correctly points out that second-degree murder is not a life felony, but is instead a first-degree felony punishable by life, section 782.04(2), Florida Statutes (1985)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2004 WL 1697818
...Second degree murder is defined as follows: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.... See § 782.04(2), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 16 Fla. L. Weekly Fed. D 2779
...a law enforcement officer." If that is the legislative intent, the section fails to specify the particular elements of the new statutory offense. Section
784.07 fails to define murder as requiring an "unlawful killing," as do the other provisions in section
782.04....
...s most appropriate to certify the first question set forth in the motion: WHETHER FLORIDA STATUTES, SECTION
784.07(3) CREATES A NEW, SUBSTANTIVE OFFENSE, OR IS ONLY A RECLASSIFICATION STATUTE WHICH INCREASES THE PENALTIES FOR ATTEMPTED VIOLATIONS OF SECTION
782.04 WHEN THE VICTIM IS A LAW ENFORCEMENT OFFICER? NOTES [1] The subject indictment specified only alternative # 1....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 99229
...The carjacking was charged as a first degree felony under section
812.133(2)(b), Florida Statutes (2000). [2] The state did not use the *1068 carjacking as the underlying felony for the felony murder; such a charge would have been a capital felony under section
782.04(1)(a)2....
...Third degree murder is defined as "[t]he unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate" any felony other than those enumerated in the statute. § 782.04(4), Fla....
...son to know said property was stolen. See §
812.014(2)(c)6., Fla. Stat. (2000). The crux of this case is the breadth of the phrase "engaged in the perpetration of... any felony" in the felony murder statute. The three gradations of felony murder in section
782.04 all make use of the same language in defining the crime. See §
782.04(1)(a)(2), (3), (4), Fla....
...We conclude that the grand theft in this case cannot be separated from the carjacking for the purpose of applying the felony murder statute. In deciding whether a killing was "perpetrated by a person engaged in the perpetration of ... any felony" within the meaning of section
782.04(4), a court must apply the rule of lenity codified at section
775.021(1), Florida Statutes (2000), which provides: The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is sus...
...cide, section
782.071(1), Florida Statutes (2000), or fleeing or attempting to elude a law enforcement officer, section
316.1935(3), Florida Statutes (2000), both second degree felonies carrying the same punishment as third degree felony murder. See §
782.04(4), Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...sponsibility under the bond as written because the state substantially increased the charges on the bond from second to first degree murder. Second degree murder is a non-capital offense punishable by a term of years not exceeding life imprisonment. Section 782.04(2), Florida Statutes (1975)....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 1799, 1989 WL 6906
...In this case, petitioner was convicted of second degree murder for the death of Mr. Delevoe and aggravated battery for the shooting of Mrs. Delevoe. In Florida, second degree murder does not require premeditation, but only requires a depraved mind. Fla.Stat § 782.04(2)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...r the evidence adduced by the prosecution was legally sufficient to prove each and every element of the second degree murder charge. If any one of said elements was lacking in proof, appellant's motion for directed verdict should have been granted." Section 782.04, F.S.A., defines second degree murder in the following manner: "The unlawful killing of a human being * * * "When perpetrated by any act imminently dangerous to another, and evincing a depraved mind regardless of human life, although w...
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1990 WL 212843
...Von Zamft of Von Zamft & Lorenzo, Coral Gables, for appellant. *84 Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. THREADGILL, Judge. Esteban Delgado was indicted and convicted of the first-degree murder of Joe King in violation of section 782.04, Florida Statutes (1987)....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...no crime under Section
800.04. As will be seen, infra, consensual sexual intercourse with an unchaste twelve-year-old female is not a crime under that section. [4] At the same time and for the same reason, the language of the felony murder statute, §
782.04, Fla....
...death occurring during the commission of "oral, anal or vaginal penetration by, or union with, the sexual organ of another." Yet that would be precisely the result if the definition of sexual battery found in Section
794.011(1)(f) were imported into Section
782.04....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 3809389, 2014 U.S. App. LEXIS 14953
...Smith.
13
Case: 13-11832 Date Filed: 08/04/2014 Page: 14 of 59
After nine days of trial, on September 1, 1983, the jury found Wright guilty
of: (1) one count of first-degree murder, see Fla. Stat. §
782.04; (2) one count of
sexual battery with force likely to cause serious personal injury, see id.
§
794.011(3); (3) one count of burglary of a dwelling, see id....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...dismiss the third degree murder charge. The state timely filed its notice of appeal. Rule 9.140(c)(1)(A) and (c)(2), Fla.R.App.P. We have jurisdiction. Rule 9.130, Fla.R. App.P. III. APPLICABLE LAW. The charge involved in this appeal is codified in section 782.04(4), Florida Statutes (1981)....
...Williams,
254 So.2d 548 (Fla. 2d DCA 1971). [2] Appellees were charged with delivery and possession of cannabis. Section
893.13(1)(a)(2) and section
893.13(1)(e), Fla. Stat. (1981). These crimes are felonies which can support a charge of third degree murder under section
782.04(4), Florida Statutes (1981)....
...[2] For a background of the felony murder rule, and a contra view of the intent requirement, see People v. Aaron, 409 Mich. 672, 299 N.W.2d 304 (1980). See also Annot., 58 A.L.R.3d 851. Note that in Florida, the felony murder rule is legislatively created, § 782.04(4), Fla. Stat. (1981), not judicially pronounced. [3] Section 782.04(4), Fla. Stat. (1981), has been amended. See section 782.04, Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1206416
...necessary element of second-degree murder. The trial court denied the motion, and the appellant renewed it at the close of all evidence. The jury was instructed on the offenses of second-degree murder and manslaughter, as a lesser-included offense. Section 782.04(2), Florida Statutes (1997), provides that second-degree murder is the "the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although...
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...The record is somewhat sparse with regard to Manuel's mental state. The deputy who took Manuel into custody testified that Manuel stated that "he had got his pistol to try to protect his wife, stop the fight, keep anybody from hurting her." The statute governing murder in the second degree, Section 782.04(2), Florida Statutes, provides in relevant part: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditate...
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1998 WL 637018
...Thus, an evidentiary hearing should be held to give Harrell the opportunity to submit proof of the relevant dates of his conviction and the prohibition proceedings in the appellate court. REVERSED and REMANDED for evidentiary hearing. GOSHORN and HARRIS, JJ., concur. NOTES [1] § 782.04, Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...Secondly, by our receding "to the extent the result in Marasa conflicts" absolutely nothing is accomplished. Marasa stands for the proposition that the state must prove what the supreme court requires it to prove in the standard jury instruction covering second degree murder. MURDER SECOND DEGREE F.S. 782.04(2) Before you can find the defendant guilty of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
...ion. We hereby correct our prior opinion by replacing the verb "kill" with "shoot." Otherwise, the opinion is unchanged; and appellant's sentence and conviction are affirmed. UPCHURCH, C.J., DAUKSCH, ORFINGER, COBB and COWART, JJ., concur. NOTES [1] § 782.04, Fla. Stat. (1984). [2] Fla.R.App.P. 9.331. [3] § 782.04(2), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 1016256
...Count I, in its entirety, alleged that on: April 20, 1998 Dwayne Demond Bryant did unlawfully, with a premeditated design to effect the death of any human being, attempt to kill and murder ORLITA KELLY, a human being, in violation of Florida Statute
782.04(19)(a) and
777.04....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...[1] I The facts pertaining to the above issue are undisputed. On May 3, 1979, the Dade County Grand Jury returned a four-count indictment against the defendant Roy Alan Stewart. The defendant Stewart was *185 charged by this indictment with (1) first degree murder, a capital felony [§ 782.04(1)(a), Fla....
...Goldstein could receive under the statute [provided the reasonable number of hours times the hourly rate justified same] was $7,500. Mr. Goldstein could receive no more than $2,500 in defending the first degree murder count, a capital felony case [§ 782.04(1)(a), Fla....
...an attempt to perpetrate Sexual Battery, kill MARGARET HAIZLIP, a human being, by beating or striking the said MARGARET HAIZLIP with his fists or hands and strangling the said MARGARET HAIZLIP with an electrical cord, in violation of Florida Statute 782.04, to the evil example of all others in like cases offending and against the peace and dignity of the State of Florida....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 561717
...Concerning another point raised by appellant, the evidence at trial was sufficient to support a conviction of first degree murder under a felony murder theory. A first degree murder conviction is proper if a child dies as a result of the defendant's act of aggravated child abuse. See § 782.04(1)(a)2 h, Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 1996 WL 350168
...The district court did, however, question the trial court's finding that because Lee was convicted of a "life felony," he was not even eligible for consideration under the youthful offender statute. The district court found that although second-degree murder was punishable under section 782.04(2), Florida Statutes (Supp.1980), by prison term "not exceeding life," this does not mean that it is a life felony for chapter 958 purposes....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...ppellant contends, the trial court erred in failing to give his requested instruction on justifiable homicide. We agree with his contention and reverse. The state of Florida charged appellant Gregory P. Pouk with second-degree murder in violation of Section 782.04(2), Florida Statutes....
CopyCited 10 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 320, 1994 Fla. LEXIS 937, 1994 WL 261431
...The new instruction and the amendment shall be effective when this opinion becomes final. It is so ordered. GRIMES, C.J., OVERTON, SHAW, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur. APPENDIX ATTEMPTED FELONY MURDER THIRD DEGREE F.S.
782.04(1)(a) and
777.04 Before you can find the defendant guilty of Attempted Third Degree Felony Murder, the State must prove the following two elements beyond a reasonable doubt: Elements Give 1a if defendant is 1....
CopyCited 10 times | Published | Supreme Court of Florida | 2000 WL 701060
...urder be vacated, and we remand for resentencing in accord with this opinion. It is so ordered. HARDING, C.J., and SHAW, ANSTEAD, PARIENTE and LEWIS, JJ, concur. QUINCE, J., concurs in result only. NOTES [1] See §
794.011(3), Fla. Stat. (1987). [2] Section
782.04(1), Florida Statutes (1987), includes premeditated murder, section
782.04(1)(a)1., and felony murder, section
782.04(1)(a)2....
CopyCited 10 times | Published | Supreme Court of Florida
...4th DCA 1979), which allegedly conflicts with a decision of this Court, State v. Jefferson,
347 So.2d 427 (Fla. 1977). Jurisdiction is pursuant to article V, section 3(b)(3), Florida Constitution. The question presented is very specific: does the felony-murder statute, section
782.04(3), Florida Statutes (1975), contemplate the prosecution of an individual who aids and abets the commission of an underlying felony, but who is not present during the commission of the felony or murder, and the murder is committed by one engaged in the perpetration of the felony? Section
782.04(3) provides that: When a person is killed in the perpetration of, or in the attempt to perpetrate, any arson, involuntary sexual battery, robbery, burglary, kidnapping aircraft piracy, or unlawful throwing, placing, or discharging of a...
...It is also evident that a verdict of guilty for second-degree felony-murder does not require the defendant's presence. *624 The evidence presented at trial does not show that respondent was at the scene of the crime, so he could not be guilty of first-degree murder under section 782.04(1)....
CopyCited 10 times | Published | District Court, M.D. Florida | 1982 U.S. Dist. LEXIS 10642
...The court resolved the issue unfavorably to petitioner and affirmed the judgment *550 of the trial court. Dobbert v. State,
328 So.2d 433 (Fla.1976), aff'd
432 U.S. 282,
97 S.Ct. 2290,
53 L.Ed.2d 344 (1977). Petitioner now seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. According to Fla.Stat. §
782.04(1)(a)(1973), "[t]he unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed or any human being, ......
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1989 WL 7518
...1984), appellant's second degree murder charge, for purposes of reclassification, *1229 included all lesser offenses. Thus, he was effectively charged with third degree murder. Second, although all third degree murder charges do not necessarily involve the use of a weapon (section 782.04(4), Florida Statutes (1987)), the information here specifically charged appellant with the use of a weapon....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...Gen., and Joseph P. DeLucca, Asst. Atty. Gen., for appellee. Before PEARSON, HENDRY and BARKDULL, JJ. PEARSON, Judge. The appellant, Lawrence Univester Hargrett, was indicted for first degree murder. The indictment specified that the homicide was contrary to F.S. § 782.04, F.S.A., which is the felony-murder statute....
...The only ruling of the trial court referred to is the court's ruling upon a motion to dismiss the indictment. Only one ground on the motion to dismiss could have any application to the argument now made. That ground alleges as follows: * * * * * * "That Section 782.04, Florida Statutes, permits a conviction of first degree murder when a homicide is committed in the perpetration of certain enumerated felonies and that particular clause of the said Section is written in the disjunctive....
CopyCited 10 times | Published | District Court of Appeal of Florida
...Appellant contends that forcing such a burden upon him constituted a denial of due process. The allegations of the indictment were sufficient to charge murder in the first degree, regardless of whether the murder was committed in the perpetration of any of the felonies mentioned in F.S.A. § 782.04 or was committed with a premeditated design....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 444883
...ted robbery of an undercover officer in a sting operation, the defendant will be presumed not only to have intended a killing but also to know that the undercover agent was a police officer is stacking presumption on top of presumption. We hold that section
782.04(1)(a)2 is not the proper vehicle for charging a section
784.07(3) attempted murder of a law enforcement officer engaged in the lawful performance of his duty....
...a part of a robbery attempt, it constitutes an "attempted felony murder." Some criminal offenses (and we urge that first degree felony murder is one) simply were not intended by the legislature to support a conviction for their attempted commission. Section 782.04(1)(a)2, by its terms, contemplates a body a completed act of homicide....
...Unlike the instruction committee, it is our responsibility (while not reversing the supreme court) to point out to the court new or additional arguments that should be considered by it in determining whether questioned law should remain in effect. In that regard, we certify to the supreme court the following questions: 1. IS SECTION 782.04(1)(a)2 A PROPER VEHICLE FOR FILING A CHARGE OF ATTEMPTED MURDER OF A POLICE OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY? 2. IF SO, CAN THE PROOF OF A NECESSARY ELEMENT OF THE UNDERLYING QUALIFYING FELONY ALSO CONSTITUTE THE OVERT ACT NECESSARY TO PROVE THE ATTEMPTED (FELONY) MURDER OF A LAW ENFORCEMENT OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY? 3. IF SECTION 782.04(1)(a)2 IS AN APPROPRIATE VEHICLE FOR THE CHARGE AND IF AN ESSENTIAL ELEMENT CAN ALSO SERVE AS THE NECESSARY OVERT ACT, ARE ALLEGATIONS IN THE INFORMATION WHICH MERELY ALLEGE THE OFFENSE OF AGGRAVATED ASSAULT OF A POLICE OFFICER ENGAGED...
...3d DCA May 10, 1994). I do not, however, disagree with the First District Court of Appeal that the state need not prove the defendant knew his victim was a law enforcement officer. It may be that the overall legislative scheme found in sections
775.0823, 775.0825,
782.04(1) and
784.07, Florida Statutes, is odd, but these statutes plainly communicate the legislative scheme for charging, proving and punishing the attempted murder of a law enforcement officer....
...e and then eliminating justifiable and excusable homicide and distinguishing between degrees of murder and manslaughter remains. In our case, there was no effort to define murder (or now attempted murder). [1] Fla.Stand.Jury Instr. (Crim.) 1062. [2] § 782.04(1)(a), Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 549
...article V, section 3(b)(3), Florida Constitution. Gibson v. Avis Rent-A-Car System, Inc.,
386 So.2d 520 (Fla. 1980). The state charged petitioner with attempted first-degree murder in the shooting of Alec Carmichael in violation of sections
777.04,
782.04, and
775.087, Florida Statutes (1983). Section
777.04 sets forth the criminal offense of attempt. Section
782.04 sets forth the criminal offense of murder....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 WL 31626143
...Stat. (1999). In contrast, a person cannot be convicted of both first degree murder and felony murder. They are variants of the same crime, in fact, they are the same degree of the same offense, and are alternative means to prove a single offense. § 782.04, Fla....
...[5] Accordingly, I conclude that there is no double jeopardy violation in the adjudication of guilt and sentencing for attempted second degree murder and attempted felony murder for the single act of shooting a single victim during the commission of an attempted robbery. NOTES [1] Fla. Stat. § 782.04(2) (2001)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2405
...We find that the trial court erred in refusing to allow appellant to testify concerning his knowledge of the victim's reputation for violence and, accordingly, reverse and remand for a new trial. Appellant was charged with committing the crime of first-degree premeditated murder, a violation of section 782.04(1)(a), Florida Statutes (1983)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...sufficient to find the appellant guilty of second degree murder. These reinstructions were contrary to the court's initial use of the SJI, which explicitly contains the word "and." Moreover, the SJI's use of the conjunctive "and" is legally correct. Section 782.04(2), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...Further, appellant contends the judgment should be reversed because for closing argument defendant's counsel was limited to twenty minutes. The several sentences imposed were within the range authorized by law respectively for the offenses involved (§ 813.011 Fla. Stat., F.S.A. for robbery; § 784.06 (with § 782.04) for assault with intent to commit murder.) Validity of the statutes providing for such sentences was not challenged by appellant....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 8516
...to effect the death of Karol Lea Hurst, a human being, or any human being, kill and murder the said Karol Lea Hurst by shooting her with a pistol, a further and more particular description being to this Body unknown, in violation of Florida Statute 782.04....
CopyCited 9 times | Published | Supreme Court of Florida | 1988 WL 73550
...EHRLICH, Chief Justice, concurring in result only as to conviction and dissenting as to sentence. The indictment charged that Spivey "did unlawfully and from a premeditated design to effect the death of Ronald Crofton, a human being, did kill the said Ronald Crofton by means of strangulation, contrary to the provisions of section 782.04(1)(a), Florida Statutes." In its verdict the jury found the defendant guilty of murder in the first degree, as charged in the indictment....
CopyCited 9 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 468, 2012 WL 2848691, 2012 Fla. LEXIS 1352
with unlawful use of a firearm in violation of section
782.04, Florida Statutes (2001), unlawful discharge
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2003 WL 186965
...gly participate in an armed robbery? No, he was there to commit a felony, absolutely. He was there to sell fake drugs." Under this approach, if appellant was not a principal in the armed robbery, he was not guilty of first -degree felony murder. See § 782.04(1)(a)2.d., Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2008 WL 541384
..."[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2005 WL 3478213
...the defendant accordingly. "The legality of a sentence is a question of law and is subject to de novo review." Flowers v. State,
899 So.2d 1257, 1259 (Fla. 4th DCA 2005). The defendant was convicted of attempted second degree murder with a firearm. Section
782.04(2), Florida Statutes (1999), defines second degree murder as [t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without a...
...and is so charged, the court cannot reclassify because the statute makes the weapon an essential element of the crime. Lareau,
573 So.2d at 815. Unlike aggravated battery, second degree murder does not require the use of a weapon or firearm. Compare §
782.04(2), Florida Statutes (1999) (second degree murder) with §
784.045, Florida Statutes (1999) (aggravated battery)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1989 WL 151442
...he had the specific intent to commit the aggravated child abuse which resulted in the child's death. The state is empowered to charge a person with first-degree felony murder if a child dies as a result of the person's act of aggravated child abuse. § 782.04(1)(a)2.h., Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2006 WL 3613767
...The statutory definition of first degree murder includes "[t]he unlawful killing of a human being . . . [w]hen committed by a person engaged in the perpetration of, or in the attempt to perpetrate" certain enumerated felonies, including burglary and robbery. § 782.04(1)(a)2.d., e., Fla....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 25640
...We are also in the dark as to what evidence the State might have been able to adduce to rehabilitate Enea, Jr.’s trial testimony indicating that Riley was the one who shot his father. For all we know, such evidence could have been very damaging to petitioner. 10 . Fla.Stat. § 782.04(l)(a)(2)(d), (e) (Supp.1984) provides that: "The unlawful killing of a human being: ......
CopyCited 9 times | Published | Supreme Court of Florida | 152 Fla. 63, 1942 Fla. LEXIS 695
deceased and Mr. Smoak, members of the posse. Section
782.04, Florida Statutes, 1941, defines murder in
CopyCited 9 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 464
...1st DCA 1982), because of conflict with State v. Carpenter,
417 So.2d 986 (Fla. 1982). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and approve in part and quash in part Vause. The state indicted Vause for first-degree premeditated murder (section
782.04, Florida Statutes (1979)), shooting at or into an occupied vehicle (section
790.19, Florida Statutes (1979)), and use of a firearm during commission of a felony (section
790.07, Florida Statutes (1979))....
...r shooting into a vehicle. We also recently held that the use of a firearm during the commission of a felony is not a necessarily lesser included *142 offense of first-degree murder. State v. Baker,
456 So.2d 419 (Fla. 1984). A review of subsections
782.04(4) and
790.07(2) demonstrates that it is possible to commit each of those crimes without necessarily committing the other because they contain different elements....
...SHAW, J., concurs in result only with an opinion. ADKINS, J., concurs in result only. OVERTON, J., dissents. SHAW, Justice, concurring in result only with opinion. I agree that section
790.19, Florida Statutes (1979), is not a lesser included offense of section
782.04, Florida Statutes (1979), and section
790.07, Florida Statutes (1979), is not a lesser included offense of
790.19....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
Ga. Code Ann. § 26-1304 (1936); Iowa Code Ann. § 782.4 (1950); Miss. Code Ann. § 2360 (1942); Tenn. Code
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1998 WL 654086
...Register has failed to demonstrate that the trial court abused its discretion in denying his motion to reopen his case. Accordingly, we affirm his judgments and sentences. JUDGMENTS and SENTENCES AFFIRMED. DAUKSCH and W. SHARP, JJ., concur. NOTES [1] §
782.04(1)(a)1, Fla. Stat. (1993). [2] §§
782.04(1)(a)1,
777.04(1), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...ied one of the necessary elements of the crime. Since it was not, the conviction below is Reversed, with directions to discharge the defendant. CROSS and DOWNEY, JJ., concur. NOTES [1] Perhaps this distinction, which places first degree murder, F.S. § 782.04(1), in an apparently unique position, is historically rooted in the feeling of society that it is justified in somewhat "lowering" the applicable requirements, by the necessity of protecting itself against this most heinous of crimes....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...ose convictions. More troublesome is appellant's contention that she could not have been convicted of felony-murder in either the first or second degree on basis of the evidence presented at her trial. Felony-murder in the first degree is defined in § 782.04(1)(a), Fla....
...In Dixon and Adams the supreme court had before it the 1972 version of the felony-murder statute, which defined felony-murder in the first degree essentially the same as the present statute. However, at that *773 time felony-murder in the second degree was defined in § 782.04(2) as: [An unlawful killing] committed in the perpetration of, or in the attempt to perpetrate, any arson, rape, robbery, burglary, kidnapping, aircraft piracy, or the unlawful throwing, placing, or discharge of a destructive device or bomb...
...ty of felony-murder in the second degree. Adams v. State, supra, at 769; see also State v. Dixon, supra at 11. In 1974 the legislature enacted Ch. 74-383, § 14, Laws of Florida (effective July 1, 1975), which deleted the felony-murder language from § 782.04(2) and redefined felony-murder in the second degree in § 782.04(3)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...perpetrate the unlawful and felonious kidnapping of the person of FREDERICK C. WEST, [did] unlawfully kill and murder the said FREDERICK C. WEST by shooting him with a pistol." That of course was sufficient to charge murder in the first degree. Sec. 782.04(1)(a), F.S....
...statute. There was abundant evidence that the accused premeditatedly shot and killed the victim who was resisting kidnapping. Over objection, the trial court charged the jury on the various ways in which first degree murder might be committed under § 782.04(1)(a), stating that "the question of premeditated design is a question of fact to be determined by the Jury from the evidence." The court defined at length the term premeditated design and generally gave the jury to understand that it might...
CopyCited 8 times | Published | Supreme Court of Florida | 1999 WL 820574
...State,
579 So.2d 721, 724 (Fla.1991); Buford v. State,
492 So.2d 355 (Fla.1986). Moreover, in this case there is evidence to support the jury's verdict of first-degree murder on either theory. Johnson was engaged in a robbery at the time Barker was killed. Section
782.04(1)(a)2.d., Florida Statutes (Supp.1990), provides that "[t]he unlawful killing of a human being [w]hen committed by a person engaged in the perpetration of, or in the attempt to perpetrate any [r]obbery is murder in the first degree an...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1990 WL 140285
...The state attorney filed an information against each of her parents charging them in three counts with (1) manslaughter in violation of section
782.07, (2) felony child abuse in violation of section
827.04(1), and (3) third degree murder in violation of section
782.04(4)....
...this legal defense or exemption was established, thus entitling them to dismissal of all counts of the information. The trial court denied the motion to dismiss insofar as the counts alleging violations of sections
827.04(1) (felony child abuse) and
782.04(4) (third degree murder) were concerned (finding that there remained factual issues to be resolved by the jury)....
...In contrast to its inclusion of the spiritual treatment proviso for purposes of sections 415.502-415.414, the legislature chose not to include the spiritual treatment proviso in the statutes creating the crime of child abuse, section
827.04(1), the crime of third degree murder, section
782.04, and the crime of manslaughter, section
782.07....
...r mental injury to the child, and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to such child, shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
782.04 Murder....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 627
...First, she contends that her sentence of 300 years' imprisonment on the second degree murder conviction is greater than that allowed by law, because by exceeding any reasonable life expectancy, it is actually more severe punishment that a life sentence. Section 782.04(2), Florida Statutes (1981) provides that a conviction for second degree murder is punishable "by imprisonment for a term of years not exceeding life......
CopyCited 8 times | Published | Supreme Court of Florida | 1997 WL 348108
...the error complained of did not contribute to the guilty verdict. The jury in this case was instructed on both first-degree premeditated and felony murder, and there was overwhelming evidence that Sager was guilty of first-degree felony murder. See § 782.04, Fla.Stat....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Defendant was originally indicted for first degree murder for the stabbing death of Hendry County Sheriff Earl S. Dyess, Sr. Pursuant to a plea bargain, defendant pled nolo contendere to second degree murder, a first degree felony subject to life imprisonment. § 782.04(2), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Second-degree murder is defined as: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, . .. § 782.04(2), Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 1998 WL 303862
...as the "unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 8 times | Published | District Court, N.D. Florida | 1981 U.S. Dist. LEXIS 14432
...Second degree murder included The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual .... § 782.04(2), Fla.Stat....
CopyCited 8 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 7581, 1988 WL 75579
...question and, therefore, this Court will discuss the merits of the claim. There are two Florida statutes which must be analyzed in the context of whether the death sentence is the proper penalty for the crime of felony-murder. The first is Fla.Stat. Section 782.04 (1984) which defines first degree murder as: (1)(a) The unlawful killing of a human being: .......
CopyCited 8 times | Published | Supreme Court of Florida | 2008 WL 4809783
...he apartment. There was no deficiency. Lynch's killing of Morgan was an intentional, premeditated first-degree murder, and his killing of Caday was both first-degree felony murder and first-degree murder under the doctrine of transferred intent. See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder); Fla. Std. Jury Instr. (Crim.) 7.2 (defining "premeditation" and "transferred intent"); § 782.04(1)(a)(2)(o), Fla....
...The facts also support Lynch's conviction for the first-degree murder of Caday. *60 The sentencing court found that Lynch did not intend to kill Caday; however, the court also recognized that intent is not an issue where one kills another in the course of committing an enumerated felony. See § 782.04(1)(a)(2)(e)-(f), (o), Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1245
...Lawrence, 143 Cal. 148, 76 P. 893, 68 L.R.A. 193; 16 C.J. p. 126; 1 R.C.L. p. 139; 1 Michie on Homicide, p. 37. See, also, section 5008, Rev.Gen.Stats. 1920; Buie v. State,
68 Fla. 320,
67 So. 102." Pope v. State,
84 Fla. 428,
94 So. 865. Paragraph 1, section
782.04, Florida Statutes 1951, F.S.A....
CopyCited 8 times | Published | Supreme Court of Florida
...Gen., Tampa, for appellee. McDONALD, Justice. Haber appeals a circuit court order denying her application for relief under rule 3.850, Florida Rules of Criminal Procedure. Her motion to vacate was based on her assertions that her judgment and sentence were void because section 782.04, Florida Statutes (1973), could not be constitutionally applied to her....
...the felony murder felonies is to commit that felony. The legislature has decided that these two distinct criminal intents should be punished differently. These classifications are rational. All persons within these classifications are treated alike. Section 782.04, therefore, does not violate equal protection....
CopyCited 8 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 127, 2012 WL 572977, 2012 Fla. LEXIS 407
DOCTRINE PRECLUDE A FELONY-MURDER CONVICTION UNDER SECTION
782.04(l)(a)2., FLORIDA STATUTES (2007), THAT IS PREDICATED
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2004 WL 256978
...ll not further address those claims. We conclude, however, that the summary denial of Anderson's scoresheet-error claim should be reversed. In April 1997, Anderson was charged by information with attempted murder in the second degreea violation of section 782.04(2), Florida Statutes (supp.1996) for an offense that allegedly occurred on March 8, 1997....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 410
...the Standard Jury Instruction does not give much assistance to the trial court and even if "immediate scene" were inserted for "commission," as applied to the facts of this case, would not have helped. The instruction is an attempted restatement of section 782.04(4), Florida Statutes (1983)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 272641
...Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. ALTENBERND, Judge. Raymond Earl Leet appeals his convictions for child abuse and third-degree felony murder. §§
827.04(1), Fla. Stat. (Supp. 1988),
782.04(4), Fla....
...r mental injury to the child, and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to such child, shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Section
782.04(4) states that third-degree murder requires proof of "the unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in *962 the attempt to perpetrate, any felony......
...Annotation, Validity and Construction of Penal Statute Prohibiting Child Abuse, 1 A.L.R. 4th 1 (1980). Once the jury determined that Mr. Leet was guilty of child abuse, the evidence was sufficient to permit them to further conclude that his actions constituted third-degree felony murder. § 782.04(4), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1992 WL 184024
...er stemming, in part, from the RICO prosecution. Subsequently, on June 17, 1992, the Dade County Grand Jury indicted the respondent on two counts of *96 first-degree murder allegedly occurring on October 30, 1986, both of which are capital offenses. § 782.04(1)(a), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Cf. Damico v. State,
153 Fla. 850,
16 So.2d 43 (1943); and see Leake v. Watkins,
73 Fla. 596,
74 So. 652 (1917). In addition, the objection made on this appeal, but not at trial, to the effect that the court failed to read that portion of Fla. Stat. §
782.04 pertaining to second degree murder, which relates to the killing of a human being "......
CopyCited 8 times | Published | Supreme Court of Florida
...ulation denied him the benefit of this constitutional privilege; he now contends that under the circumstances alleged, the stipulation was, in effect, a compulsion to testify against himself. As he did on his appeal, the petitioner again claims that Section 782.04, Florida Statutes, F.S.A., is unconstitutional because it does not limit the class or age group of persons subject to the penalty for violation of its provisions....
...In fact, during this period and subsequent to the affirming decision of this Court, the petitioner by letters to his lawyers reaffirmed his confidence in their handling of the matter. He repeated his continued satisfaction with the procedure that had been followed. Section 782.04, Florida Statutes, F.S.A., defines murder....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2003 WL 22136076
...e, although without a premeditated design to effect the death of any particular individual, did unlawfully attempt to kill and murder one Naphtily Collins, a human being, by striking Naphtily Collins repeatedly about the head and face, contrary to F.S. 782.04 and F.S....
...offenses necessarily included in the offense charged; and (4) offenses which may or may not be included in the offense charged, depending on the accusatory pleading and the evidence. Id. at 596. [2] Second degree murder is a first degree felony. See § 782.04(2), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 16340, 2010 WL 4260096
....082(3)(b), Fla. Stat. (1989). The trial court chose to sentence Mr. Manuel to a term of "natural life" for this offense. Mr. Manuel's two attempted murder convictions were each life felonies. See §§
775.087(1)(a),
777.04(4)(a), Fla. Stat. (1989); §
782.04(1)(a), Fla....
CopyCited 7 times | Published | District Court of Appeal of Florida
...The proofs are such that conviction of appellant, who was not present at the commission of the crime, necessarily rests on his participation therein as contemplated by Section 776.011, Florida Statutes, 1959, F.S.A., whereby a principal in the first degree in the commission of a crime is defined, and depends also upon Section 782.04, Florida Statutes 1959, F.S.A., which, inter alia, defines murder in the first degree as the unlawful killing of a human when committed in the perpetration of or in the attempt to perpetrate the crime of robbery....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...ions be consolidated and disposed of in one trial. The judgment of conviction appealed herein is reversed and the cause remanded with directions that appellant be discharged. RAWLS, J., and MELVIN, WOODROW M., Associate Judge, concur. NOTES [1] F.S. § 782.04, F.S.A....
CopyCited 7 times | Published | District Court, M.D. Florida | 1983 U.S. Dist. LEXIS 16868
...2781, 2789,
61 L.Ed.2d 560 (1979). In order for Hall to be found guilty of first degree murder under Florida law, the state must prove that he either pulled the trigger with a "premeditated design to effect the death of the person killed," Fla. Stat. §
782.04(1)(a) (1973) or, that he was a principal to the crime of first degree murder even if he did not physically pull the trigger....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 1877439, 2014 U.S. App. LEXIS 8853
...es that his attorneys, in preparing for the
penalty phase, failed to conduct a reasonable investigation into mitigating evidence
and, as a result, failed to discover and present to the jury the mitigating evidence a
1
Fla. Stat. §
782.04(1)(a).
2
Id. §§
782.04(1)(a),
777.04(1),
775.087.
3
Id....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...855, when he instinctively neutralized his attacker with the only appropriate means at hand. That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook. Section 782.04, Florida Statutes, F.S.A., defines second degree murder in the following manner: "The unlawful killing of a human being, * * * "When perpetrated by any act imminently dangerous to another, and evincing a depraved mind regardless of hum...
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2000 WL 313567
...We agree with Paz's contention that the trial court erred in failing to grant his motions for judgment of acquittal on the second-degree murder charge; the state failed to demonstrate that Paz acted with a "depraved mind regardless of human life" in killing Winton as required under section 782.04(2), Florida Statutes (1995)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...A jury in the Dade County Criminal Court of Record found him guilty of those charges. The judge sentenced him to life imprisonment on the robbery charge and twenty years on the assault with intent to murder charge, sentences to run concurrently. See: §§ 813.011; 784.06; and 782.04(1) Fla....
...Stat., F.S.A.: "Whoever commits an assault on another with intent to commit any felony punishable with death * * * shall be punished in the state prison * * *" The felony charged was murder in the first degree, which is "punishable with death," as provided in § 782.04 Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2005 WL 562531
...After the jury returned a verdict of guilty for attempted second-degree murder, the trial court imposed a 45-year sentence, with a 25-year minimum mandatory sentence pursuant to section
775.087(2)(a)3, Florida Statutes (2003). Second-degree murder is a first-degree felony. See §
782.04(2), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 1998 WL 309071
...as the "unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1988 WL 73563
...299,
52 S.Ct. 180,
76 L.Ed. 306 (1932); §
775.021(4), Fla. Stat. (1985). The statutory elements of the offense of attempted first-degree murder with a firearm are (a) the attempted, (b) unlawful, (c) killing, (d) of a human being, (e) with a firearm. §§
782.04(1)(a),
777.04(1), and
775.087(1), Fla....
...Accordingly, we remand the case to the trial court with instructions to vacate the firearm possession offense and to recalculate the sentence without the improper conviction. NOTES [*] Judge Baskin did not participate in oral argument. [1] The charging document listed the statutes for the homicide charge as sections
782.04(1)(a) (murder) and
777.04 (attempts, solicitation, conspiracy). Upon reviewing the defendant's scoresheet it is clear that section
775.087 (possession or use of a weapon) was also applied to calculate the defendant's sentence. First degree murder is a capital offense. §
782.04(1)(a)(2)....
CopyCited 7 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 23, 1995 Fla. LEXIS 17, 1995 WL 8966
...uld be clearly designated as involving neglect. [3] The legislature has used words of a similar general nature to define conduct in other statutes. See §
322.34(3), Fla. Stat. (1989) (driving with suspended license causing "serious" bodily injury); §
782.04(2), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2001 WL 108885
...Once at the station, Bedoya was questioned and presented with the DNA and fingerprint evidence. The questioning was tape recorded and videotaped. Based upon the interview, Bedoya was arrested and taken into custody. Premeditation Bedoya claims that the State failed to prove that the murder was premeditated. Section 782.04(1)(a), Florida Statutes (1995) provides that premeditated first-degree murder is the unlawful killing of a human being "[w]hen perpetrated from a premeditated design to effect the death of the person killed or any human being." Premedi...
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2005 WL 415952
...Second degree murder is "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 121436
...ar individual, did unlawfully kill and murder one Emile St. Onge, a human being, by striking and/or kicking the said Emile St. Onge in the head causing injuries from which the said Emile St. Onge did languish and die on March 29, 1996, contrary to F.S. 782.04(2)." [2] A necessary lesser included offense is an offense which is necessarily included in the offense charged, while a permissive lesser included offense may or may not be included in the offense charged, depending on the accusatory pleading and the evidence....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31769268
...ving the scene of a crash. A jury found House guilty as charged. [2] We agree with House that the trial court erred in denying his motion for judgment of acquittal of the charge of third-degree murder. Consistent with the thirddegree murder statute, § 782.04(4), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 3452386
...o the evidence and the law. AFFIRMED. GRIFFIN and PALMER, JJ., concur. NOTES [1] Dorsey was also convicted of culpable negligence and possession of cocaine less than 28 grams. We affirm the convictions on these counts without further discussion. [2] § 782.04(1)(a)2, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1988 WL 81907
...Because the issue is not free from doubt, we suggest that upon retrial the verdict form and instructions call for the jury's finding as to the use vel non of a firearm on the offense charged and any lesser included offenses. [3] Both third-degree murder and manslaughter are second-degree felonies. §
782.04(4) & §
782.07, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 206366
..."A capital felony and a life felony must be so designated by statute." §
775.081(1), Fla. Stat. (1989). Second-degree murder, appellant's convicted offense, is designated by statute as "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life ..." §
782.04(2), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1814
...ed statute, the new penalty is not more onerous than the law in effect on the date of the offense. Upon violating his community control, appellant could have been resentenced up to the statutory maximum of life imprisonment for second degree murder, section 782.04(3), Florida Statutes (1981), where not reclassified as a youthful offender....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2004 WL 895856
...4th DCA 2003) (holding instruction on aggravated battery fundamental error as lesser-included offense of attempted second-degree murder because both offenses are second-degree felonies and defense counsel did not request or rely on instruction). [7] Second-degree murder is a first-degree felony. See § 782.04(2), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...he death of any particular individual, shall be murder in the second degree and shall constitute a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s.
775.084. §
782.04(2), Fla....
...NS OF THESE TWO CRIMES RENDERED IN A SINGLE CRIMINAL PROSECUTION, WHERE THERE WAS ONLY ONE HOMICIDE VICTIM? *1099 AFFIRMED AS MODIFIED; CONVICTION FOR DWI MANSLAUGHTER VACATED. ORFINGER, J., and BLOUNT, URIEL, Jr., Associate Judge, concur. NOTES [1] § 782.04(2), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...With respect to appellant's status as a youthful offender, there is no dispute that he was under 21 years of age and met the criteria of §
958.04(2), Florida Statutes, as to absence of specified previous convictions. But the state contends that the offense of second degree murder under §
782.04(2), Florida Statutes, to which appellant pled nolo contendere, is not "a crime which is, under the laws of this state, a felony of the first ......
...degree " [emphasis supplied] within the terms of §
958.04(1)(b). The terminology in question is defined by §
775.082(3), Florida Statutes, to include a felony which is punishable, "when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment." Section
782.04(2), Florida Statutes, provides appellant's offense of second degree murder "shall constitute a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in §
775.082... ." [emphasis supplied] In view of that language and the provision of §
775.021(2) applying Chapter 775 definitions to "offenses defined by other statutes," we conclude that second degree murder under §
782.04(2) may not, as the state contends, be classified a life *438 felony, beyond the purview of Chapter 982, because it may be punished by life imprisonment....
...by a term of imprisonment for life or for a term of years not less than 30. " [e.s.] No such minimum penalty has been prescribed for second degree murder, which instead falls within the class of first degree felony and is expressly so designated by § 782.04(2). We conclude accordingly that the authorization of imprisonment for "a term of years not exceeding life" under § 782.04(2) does not reasonably support classification of the offense as a life felony for Chapter 958 purposes, contrary to the express provision that the offense "shall constitute a felony of the first degree." We also note that the general classi...
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2002 WL 31421686
...ll; death occurred in a matter of hours from the onset of injury. The night before Ja'Vari died, he was in the care of his mother, Ciara Williams, and her boyfriend, the appellant. The appellant was charged with second-degree murder, in violation of section 782.04(2), Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...[2] Throughout their briefs, the parties assert, without explanation, that the statute of limitations for the crime of conspiracy to commit first degree murder is three years under the new code. Our reading of the statutes does not comport with that conclusion. First degree murder is a capital felony. Section 782.04(1)(a), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Deliberation is the element which distinguishes first and second degree murder. State v. Smart, 485 S.W.2d 90 (Mo. 1972). It is defined as a prolonged premeditation and so is even stronger than premeditation. See State v. Hall, 40 N.M. 128, 55 P.2d 740, 742 (1935). [5] Section 782.04(2), Florida Statutes (1981) provides in part: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated d...
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2321
...ing his motion for a judgment of acquittal as to the charge of second-degree murder. The defendant was charged with second-degree murder as a felony-murder, that is, a murder *983 arising from the perpetration or attempted perpetration of a robbery. § 782.04(1)(a)(2)(d), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...appellants' objections. The appellants did not object to the instructions on premeditation, but they contended there was no evidence that the murder had been committed in the course of the commission of any of the felonies specified by the statute. Section 782.04, Florida Statutes (1973)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 31557253
...and causing the death of another human being cannot stand and should be reduced to misdemeanor driving while license suspended. Here, as a result of Bruce Quinton's death, appellant was convicted of the offenses of second degree murder, pursuant to section
782.04(2), Florida Statutes, and driving while license suspended and causing death, pursuant to section
322.34(6), Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2452
...We agree with the state's argument that defendant's activities fell squarely within the statutory definition of second degree murder, to wit, an act "imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design... ." Section 782.04(2), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...murder, there was absolutely no evidence of premeditation introduced at trial. Therefore, he contends, the jury must have found him guilty on the basis of its conclusion that he had killed the victim while perpetrating one of the felonies listed in § 782.04(1), Fla....
...etration of the burglary or sexual battery. When a conviction of first-degree murder is based solely on the jury's finding that an unlawful killing was committed by the defendant while engaged in the perpetration of one of the felonies enumerated in § 782.04(1), as was the case here, proof of the underlying felony is, of course, indispensable to the murder conviction....
...Ennis v. State, supra , has persuaded us to certify this question to the Supreme Court of Florida as being one of great public interest. One further problem needs to be addressed. Both burglary and sexual battery are among the felonies enumerated in § 782.04(1)....
...entence for burglary are vacated. The following question is certified to the Supreme Court of Florida as being one of great public interest: CAN A DEFENDANT BE CONVICTED AND PUNISHED FOR BOTH FIRSTDEGREE MURDER AND AN UNDERLYING FELONY ENUMERATED IN § 782.04(1) WHERE: (A) THE DEFENDANT IS CHARGED WITH PREMEDITATED MURDER AND ONE OR MORE OF THE FELONIES ENUMERATED IN § 782.04(1); and (B) THE EVIDENCE TO SUSTAIN THE MURDER CONVICTION IS FURNISHED SOLELY BY PROOF THAT THE KILLING OCCURRED AS A RESULT OF COMMISSION OF ONE OF THE SAID FELONIES? OTT and DANAHY, JJ., concur....
...State, supra, at 383. The indictment in the instant case charged defendant with premeditated murder and did not contain an allegation (as did the Ennis indictment) that the killing had been committed during the perpetration of one of the felonies enumerated in § 782.04(1)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 1026188
...its driver. Felony murder was charged based upon the allegation that Michelson was involved in an escape at the time of the collision. The jury convicted Michelson of the lesser-included offense of second-degree murder and of vehicular homicide. See § 782.04(2), Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
1328 (alterations in original); see Fla. Stat. §
782.04(2). "The only meaningful difference between first-
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2007 WL 674713
...ugh without any premeditated design to effect the death of any particular individual and in the commission of said offense did use and have in his possession a revolver, a firearm as defined in Florida Statute
790.001(6), contrary to Florida Statute
782.04(2) and
775.087(1)(2)....
CopyCited 6 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 174, 2014 WL 1243782, 2014 Fla. LEXIS 1030
premeditated murder and felony murder theories. See §
782.04, Fla. Stat. (2008). The jury found Yacob guilty
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 WL 587640
...The Evidence Was Insufficient To Prove Third-Degree Murder Third-degree murder is "[t]he unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any" enumerated felony in section
782.04(4)(a)-(r), Florida Statutes. §
782.04(4), Fla. Stat. (2002); Tillman v. State,
842 So.2d 922, 926 (Fla. 2d DCA 2003) ("Third-degree murder is an unlawful killing that occurs during the perpetration of, or the attempt to perpetrate, a felony other than those felonies listed in section
782.04(4), Florida Statutes (1997)."); State v....
...Williams,
776 So.2d 1066 (Fla. 4th DCA 2001); Sims v. State,
712 So.2d 786, 786 (Fla. 2d DCA 1998) ("Third-degree murder is the unpremeditated, unlawful killing of another by a person engaged in the commission of a felony other than certain specifically enumerated felonies."). Section
782.04 is referred to as the felony murder statute, see Williams, and third-degree murder under the statute is often referred to as third-degree felony murder....
...tions. Williams. The punitive aspect of the statute is found in the provision that a person may be held responsible for the death of another even though he did not form the intent to kill if he was "engaged in the perpetration of ... any felony...." § 782.04(4), Fla....
...But once Polanco made his deal with the State for immunity, he had to be honest so he admitted on the stand that this particular story was not the truth. [2] In Mahaun, the court explained third-degree felony murder as follows: Third-degree murder, as set forth in section 782.04(4), Florida Statutes (1977), is defined as an unlawful killing committed by a person engaged in the perpetration of any felony other than those identified as the underlying felony in second-degree murder when there is no premeditated design to effect the death of the victim....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1989 WL 24040
...NOTES [1] Second degree murder is "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual ..." § 782.04(2), Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 1994 WL 245628
..., is guilty of a more severe crime than if the prohibited conduct had not resulted in injury to another. Similarly, one who negligently kills another while engaged in the commission of certain enumerated felonies is guilty of felony murder. *511 See § 782.04(1)(a)(2), Fla....
CopyCited 6 times | Published | Supreme Court of Florida
...Appellee was indicted for murder in the first degree in that he did unlawfully kill Carl Edwin Dykes with a firearm and said killing was perpetrated from a premeditated design to effect the death of Dykes or was committed in the perpetration of, or in the attempt to perpetrate, robbery in violation of Section 782.04(1)(a), Florida Statutes (1973)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Joseph Roth, in pro. per. Jim Smith, Atty. Gen., for appellee. Before HENDRY, NESBITT and BASKIN, JJ. PER CURIAM. The defendant was indicted for the offense of first degree murder by a grand *115 jury for the Eleventh Judicial Circuit on June 4, 1976 under Section 782.04, Florida Statutes (1973)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2003 WL 21501907
...1st DCA Apr.10, 2003), and substitute the following opinion. Following the death of his 4-month-old daughter from injuries consistent with "shaken baby" syndrome, Brian Michael Griffis (Appellant) was charged with second-degree murder by violent shaking, in violation of section 782.04(2), Florida Statutes (1999) (Count One); and with aggravated child abuse by unlawfully committing aggravated battery; or willfully torturing, maliciously punishing, or willfully and unlawfully caging her; or knowingly or willfully abus...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1993 WL 242584
...and 3, quash the order as to items 5 and 6, and remand this cause for further proceedings consistent with this opinion. AFFIRMED in part; REVERSED in part; QUASHED in part; REMANDED. HARRIS, J., and STROKER, R.J., Associate Judge, concur. NOTES [1] § 782.04(1)(a), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1554
...BASKIN, Judge. Agreeing that the points presented in furtherance of Defendant Bauza's appeal demonstrate his entitlement to the relief sought, we reverse his convictions and sentences for attempted second degree murder, §
777.04, Fla. Stat. (1983); §
782.04, Fla....
CopyCited 6 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 2496, 2003 WL 403071
...nown, have been committing, are committing and are about to commit" certain offenses against the State of Florida, namely: homicide, sale of a minor child, child neglect with great bodily harm, and aggravated child abuse in violation of FLA. STAT. §§
782.04,
63.212(1)(d),
827.03(3), and
827.03(2)....
...tion. FLA. STAT. §
934.09(3)(a) and (b). Burton and Blake sought and obtained intercepts for communications pertaining to homicide, sale of a minor child, child neglect with great bodily harm, and aggravated child abuse in violation of FLA. STAT. §§
782.04,
63.212(1)(d),
827.03(3), and
827.03(2) (1997)....
...plies (doc. 170, pp. 65-74, and doc. 254). See United States v. Leon,
468 U.S. 897,
104 S.Ct. 3405,
82 L.Ed.2d 677 (1984). A. Felony-Murder The government correctly observes all the non-listed offenses can serve as predicates for felony-murder under §
782.04....
...In other words, a state is free to enact more restrictive legislation than the federal model, which acts as the least restrictive plan. See State v. Rivers,
660 So.2d 1360, 1362 (Fla. 1995). [77] Although the applications and orders identify "homicide" as the targeted crime, the documents cite FLA. STAT. §
782.04 (1997), the murder statute, as the operative violation....
...See Black's Law Dictionary 739 (7th ed.1999). Florida statutorily recognizes this distinction. See Fla. Stat. ch. 782 (1997). Thus, §
934.09(3)(a) limits intercepts for the most serious criminal homicidemurder (and its varying degrees) as outlined in §
782.04....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 238624
...etration of or the attempted perpetration of the crime of Robbery, did cause great bodily harm to Glen Moore, a human being, by intentionally kicking and striking him repeatedly which could have caused the death of the said Glen Moore, contrary to F.S.
782.04(1)(a), F.S.
777.011, F.S.
777.04(1) and F.S.
812.13(2)(c). Section
782.04(1)(a), Florida Statutes, defines murder in the first degree as the "unlawful killing of a human being: 1....
...t. . . ." Section
812.13(2)(c) provides the elements of the crime of robbery. White never objected to the information, and, without objection, the court instructed the jury on the definition of attempted first-degree premeditated murder, pursuant to
782.04(1)(a) and
777.04, on count I and robbery with a weapon on count II....
...The information charging White included the statutes which set forth the crimes of both attempted premeditated murder and attempted felony murder. Because the information in this case "references a specific section of the criminal code," namely, sections
782.04(1)(a) and
777.04(1), "which sufficiently detail[ ] all the elements of the offense," the state provided White with sufficient notice to prepare his defense....
CopyCited 6 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 8, 2013 WL 28243, 2013 Fla. LEXIS 1
constitutes first-degree premeditated murder. §
782.04(l)(a)l., Fla. Stat. (2004). Premeditation involves
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2005 WL 156812
...Williams' additional claim, that his eighty year sentence is illegal, has been raised and ruled upon in multiple prior post-conviction motions. Williams' convictions for second degree murder and breaking and entering with assault were, in 1974, first degree felonies punishable by life imprisonment. See § 782.04(2), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Murder in the first degree is statutorily defined as "... killing of a human being, when perpetrated from a premeditated design to effect the death of the person ... or when committed in the perpetration of or in the attempt to perpetrate... [the] abominable and detestable crime against nature...." Section 782.04, F.S....
...Alternatively, the felony murder concept is available and premeditation is not required as in those cases where the unlawful killing is committed in the perpetration or attempt to perpetrate the abominable and detestable crime against nature (and other stated felonies not here necessary to list). Section 782.04, F.S....
...In Morris and Blackmon the courts were concerned with convictions under F.S. Section 800.01, F.S.A., and the application of a decision subsequently declaring such statute unconstitutional. In the instant case, we are concerned with a conviction of murder in the first degree under F.S. Section 782.04, F.S.A., predicated upon premeditation or the commission of a felony....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 8332
...7). Finally, the record is unclear as to whether Harper should be credited for time served. Therefore, we remand solely for that determination. Accordingly, we AFFIRM in part and REVERSE and REMAND in part. SHIVERS and ZEHMER, JJ., concur. NOTES [1] Section 782.04(1)(a), Florida Statutes (1987)....
CopyCited 6 times | Published | Supreme Court of Florida | 1988 WL 10277
...se. Rotenberry v. State,
468 So.2d 971 (Fla. 1985). A first-degree felony murder occurs as a result of an unlawful killing of a human being when committed by a person engaged in the perpetration of or in the attempt to perpetrate a specified felony. §
782.04(1)(a)2, Fla....
...Second-degree murder can be committed in one of two ways: (1) when perpetrated by an act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, section 782.04(2), Florida Statutes (1985), and (2) when a person is killed in the perpetration of or in the attempt to perpetrate a specified felony by a person other than the person engaged in the perpetration of or in the attempt to perpetrate the felony, section 782.04(3), Florida Statutes (1985)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...umber of prior convictions. In the present case, the direct testimony was limited to the number of convictions which were admitted. We also affirm Point III. There is sufficient evidence to sustain defendant's conviction of third degree murder under section 782.04(4), Florida Statutes (1979): The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any arson, sexu...
..., shall be murder in the third degree... . Shooting into an occupied vehicle (of which the defendant was also convicted) is a felony. §
790.19, Florida Statutes (1979). The facts could have justified a verdict of at least second degree murder under section
782.04(2), Florida Statutes (1979) unlawful killing perpetrated by an act imminently dangerous to another and evidencing a depraved mind regardless of human life....
...Although we affirm Point IV as to defendant's conviction of shooting into an occupied vehicle, we reverse the defendant's twelve year sentence for this crime. Shooting into an occupied vehicle is an element of the third degree murder conviction under section 782.04(4), Florida Statutes (1979)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...O'Connor and O'Brien were each adjudged guilty of possession of a firearm by a convicted felon and sentenced to 15 years. On appeal to this Court numerous points are raised. We find merit only in the issue which raises the application of Florida Statute, Section 782.04, the Felony-Murder Rule....
...y Splitt and the three appellants. These facts are substantially similar to those in the Wright case and the Mikenas case wherein the cofelon was killed by an officer of the law and convictions of second degree felony-murder upheld. Therefore, under Section 782.04(3), second degree murder is the highest degree of homicide with which the defendants can be convicted....
...State,
22 So.2d 639 (Fla. 1945), and Hines v. State,
227 So.2d 334 (Fla. 1st DCA 1969). Accordingly, petition for rehearing is DENIED. McCORD, BOOTH and LARRY G. SMITH, JJ., concur. NOTES [1] Hite v. State,
364 So.2d 771, 773 (Fla. 2nd DCA 1978): "[T]he clause [of Section
782.04(3), as amended 1974] `the person perpetrating or attempting to perpetrate such felony shall be guilty of murder in the second degree' restricted liability for second degree felony-murder to those principals, aiders or abetters who are personally present at the commission of the felony....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Although the state charged Roberts with first degree murder, the jury found him guilty of second degree murder. In order to obtain a conviction for second degree murder, the state must prove that the defendant killed the decedent with a depraved mind regardless of human life. § 782.04(2), Fla....
...GRIMES, A.C.J., dissents with opinion. *72 GRIMES, Acting Chief Judge, dissenting. I believe that the state failed to establish that Roberts killed the deceased with a depraved mind regardless of human life, an essential element of second degree murder. § 782.04(2), Fla....
CopyCited 6 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 18442, 1989 WL 248505
...546,
98 L.Ed.2d 568 (1988), and the Eighth and Fourteenth Amendments. More particularly, the Petitioner contends that it is unclear from the general verdict form whether the conviction was for killing with a premeditated design pursuant to Fla.Stat. §
782.04(1)(a)1 or pursuant to the *1132 felony murder provision at Fla.Stat. §
782.04(1)(a)2....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 38526
...We conclude that the trial court erred in admitting testimony of the victim's statements to third parties regarding his extramarital relationships, and find it necessary to reverse the conviction and remand for a new trial. Appellant was charged by indictment with one count of second degree murder in violation of section
782.04, Florida Statutes, and one count of possession of a firearm in violation of section
790.07, Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 594630
...rida, did then and there unlawfully kill a human being, WENDY PRIOR, by STRANGLING WENDY PRIOR, and said killing was perpetrated by said EDWARD ROBERT INGLETON from a premeditated design or intent to effect the death of said WENDY PRIOR, contrary to Section 782.04(1)(a)1, Florida Statutes....
...mpted sexual battery. The state also subsequently determined to go forward on the alternative theory that Ingleton caused Prior's death by distributing to her a lethal dose of cocaine and thereby committed first-degree *738 premeditated murder under section 782.04, Florida Statutes (1993). [1] Ingleton filed a motion to prevent the state from proceeding on the drug overdose theory. He argued that the grand jury indicted him under subsection 782.04(1)(a)1, not (1)(a)3, and that because the latter offense required proof of unalleged elements such as the facts of distribution and proximate causation, the state could not go forward with its theory....
...y the grand jury. * * * * * * In the instant case, then, the state is limited to trying the defendant only on the charge brought by the grand jury, premeditated murder (or, pursuant to Knight [v. State,
338 So.2d 201 (Fla.1976),] felony murder under Section
782.04(1)(a)2, Florida Statutes) "by strangling Wendy Prior." Brief for Respondent at 8, State v....
...3d DCA 1966). The essential elements of the grand jury's first-degree murder charge against Ingleton were: first, that Wendy Prior was dead; second, that her death was caused by Ingleton; and third, that the action of causing her death was premeditated. See § 782.04(1), Fla....
...ersonal opinion. After reviewing the record, we find no merit in the former and, after reviewing the statements, we find no error in the court's handling of the latter. AFFIRMED. PETERSON, J., concurs. THOMPSON, J., concurs in result only. NOTES [1] Section 782.04, Florida Statutes (1993) states: (1)(a) The unlawful killing of a human being: 1....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 96451
...Appellant was charged by indictment with first degree murder in the death of his wife, in that he "did kill and murder Joy Pinkerton by slitting the victim's throat with a knife." The jury found appellant "Guilty of the lesser included offense of Third Degree Murder With A Deadly Weapon in violation of F.S. 782.04(4)." The court had instructed the jury that a finding of guilt on the lesser offense of third degree murder could be made only in the event that "the death occurred as a consequence of and while [defendant] was engaged in the commission of...
...But see Pedrera v. State,
401 So.2d 823 (Fla. 3d DCA 1981). We vacate the sentence and remand the case for resentencing as a second degree felony. Sentence VACATED. REMANDED. COBB and COWART, JJ., concur. COWART, J., did not participate in oral argument. NOTES [1] Section
782.04(4), Florida Statutes (1987) is one section of the felony murder statute which proscribes the unlawful killing of a human being without any design to effect death by a person engaged in the perpetration or attempt to perpetrate certain...
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14722, 2006 WL 860974
...Specific intent is also what separates a first degree premeditated murder from second degree murder. First degree premeditated murder requires a premeditated intent to kill, whereas second degree murder requires an intentional act done from ill will, hatred, spite or an evil intent without a specific intent to kill. § 782.04(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...The homicide statute provides that a defendant is guilty of felony murder if he causes the death of another human being while engaged in any one of ten enumerated violent felonies. [1] One of the enumerated violent felonies is aggravated child abuse. Id. § 782.04(1)(a)2.h....
...In the present case, unlike Laines, we deal with the felony murder statute. The felony murder statute authorizes a defendant to be prosecuted for both felony murder and the qualifying felony of aggravated child abuse. The convictions and sentences are affirmed. NOTES [1] The homicide statute provides, in relevant part: 782.04 Murder. (1)(a) The unlawful killing of a human being: ....
...Escape, h. Aggravated child abuse, i. Aircraft piracy, or j. Unlawful throwing, placing, or discharging of a destructive device or bomb; ... . . . . is murder in the first degree and constitutes a capital felony, punishable as provided in s.
775.082. §
782.04(1)(a)2, Fla....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 20747, 2011 WL 4840588
...from a premeditated design to effect the death of TOMAS
RODRIGUEZ, or while engaged in the perpetration of, or in an
attempt to perpetrate burglary, by shooting TOMAS RODRIGUEZ
with a firearm, in violation of Section 782.04(1), Florida Statutes, to
the evil example of all others in like cases offending and against the
peace and dignity of the State of Florida.
Count Two, which related to the killing of Violetta Rodr...
...accused intended to commit an offense.
§
810.02(1)(a), Fla. Stat. (2006). The intent required
for premeditated murder is that the accused formed
the specific intent to kill a human being.
§
782.04(1)(a)(1), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1991 WL 235142
...3), contemplates first-degree felonies for which life imprisonment is the maximum range of punishment. Tomlinson was convicted of second degree murder, a felony in the first degree "punishable by imprisonment for a term of years not exceeding life." § 782.04(2), Fla. Stat. (1987). Section 782.04(2) contemplates a sentence of either a term of years or life imprisonment....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 2623930
...lley, at sentencing, to submit biological specimens for DNA analysis pursuant to section
943.325. We affirm. A conviction for second degree murder requires proof that the defendant killed the victim with a depraved mind regardless of human life. See §
782.04(2); Roberts v....
..., in preventing recidivism and in absolving innocent persons charged with crimes. We continue to agree with these holdings, and their rationale. Springer v. State,
874 So.2d 719 (Fla. 5th DCA 2004). AFFIRMED. PALMER and TORPY, JJ., concur. NOTES [1] Section
782.04(2), Florida Statutes (2002)....
...submit two specimens of blood or other biological specimens approved by the Department of Law Enforcement to a Department of Law Enforcement designated testing facility as directed by the department. (Emphasis added) (b)1. Chapter 794, Chapter 800, s. 782.04, s....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...eing the only persons present in the home when the shooting occurred. Based on the above, the appellee maintains that there is no evidence from which it can be established that he had a "premeditated design to effect the death of the person killed." Section 782.04(1)(a), F.S....
CopyCited 5 times | Published | District Court of Appeal of Florida
...s, of course, the unlawful killing of another when perpetrated by an act imminently dangerous to another, evincing a depraved mind regardless of human life but without any premeditated design to effect the death of any particular individual. (F.S.A. § 782.04.) The phrase "evincing a depraved mind regardless of human life," as used in the statute describing murder in the second degree, conveys the ordinarily understood meaning of ill will, hatred, spite and evil intent....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2284, 2009 WL 723513
...Bolin v. State,
796 So.2d 511 (Fla.2001); Bolin v. State,
642 So.2d 540 (Fla.1994). Before this third trial, the State entered a nolle prosequi on the kidnapping and robbery charges and proceeded only on the charge of first-degree premeditated murder. §
782.04(1)(a)(1), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1541249
...lty of the grand theft charge. Under the version of the third-degree murder statute with which Moody was charged, the State had to prove that the homicide was committed while Moody was engaged in the perpetration of an appropriate underlying felony. § 782.04(4), Fla....
...NOTES [1] The indictment also charged Moody with possession of a firearm by a convicted felon, but Moody, in his petition, states: "The three counts of possession by [a] convicted felon are no longer at issue and are not a subject of this writ." [2] Section 782.04(4), Florida Statutes (1993), set forth a list of specific felonies that did not qualify.
CopyCited 5 times | Published | Supreme Court of Florida
...We are reviewing by direct appeal [1] Glen Lawrence Martin's conviction for first degree murder and sentence of death imposed by the Circuit Court, Seventh Judicial Circuit, Volusia County. Appellant's conviction and sentence were received for violation of Section 782.04(1)(a), Florida Statutes, which defines, as one form of murder in the first degree and a capital felony: "The unlawful killing of a human being ......
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 8640, 2010 WL 2382583
...er charge filed against him to a charge of manslaughter. Second degree murder is defined as the "unlawful killing of a human being, when perpetrated by an act imminently dangerous to another and evincing a depraved mind regardless of human life...." § 782.04(2), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1649020
...e offenses committed by Vazquez are intended, so we proceed with our analysis under section
775.021(4), beginning first with examination of the elements of each offense to determine identity. Attempted second-degree murder, as proscribed by sections
782.04(2) and
777.04, Florida Statutes (2005), [4] requires proof of two elements: 1) Vazquez intentionally committed an act that would have resulted in the death of the victim, except that someone prevented the defendant from killing the victim or t...
...Offenses which are degrees of the same offense as provided by statute. 3. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. The first exception provided in section
775.021(4)(b) simply repeats the Blockburger same elements test. [4] Section
782.04(2) defines the crime of second-degree murder and section
777.04 defines attempt....
CopyCited 5 times | Published | District Court of Appeal of Florida
is not a capital felony. Compare §
782.04(1)(a), Fla. Stat. (2013) (“The unlawful killing
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1994 WL 325325
...The state proceeded against McGuire as a principal. Since McGuire did take Giddens' car at gunpoint and drive from the scene as he escaped, the state established a prima facie case that McGuire was a principal in both of those enumerated felonies that led to the death of Ray Giddens. See § 782.04(1)(a)2.d....
...4th DCA 1978); Fla. R.Crim.P. 3.985. AFFIRMED. DAUKSCH and COBB, JJ., concur. NOTES [1] McGuire was also charged with Attempted First Degree Murder of a Law Enforcement Officer and Resisting Arrest With Violence, but these charges were dismissed. [2] §
782.04(1)(a), Fla. Stat. (1987). [3] §§
782.04(1)(a),
777.04(1) &
775.087, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 1931278
...t and had actually drawn a gun on her the week prior to the murder. The unlawful killing of a human being when perpetrated from a premeditated design to effect the death of the person killed or any human being constitutes murder in the first degree. § 782.04(1)(a)1., Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1992 WL 175086
...tentionally touch or strike another person against the will of the other, or intentionally cause bodily harm to an individual. Third degree felony-murder, by contrast, focuses on the end result, the time of death, rather than on the time of the act. § 782.04(4), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1021575
...(Defendant) acted with a premeditated design to kill (victim). 3. The act would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he][she] failed to do so. See Florida Standard Jury Instructions in Criminal Cases, p. 85; § 782.04(1)(a), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 274002
...urred as a consequence of and while defendant was engaged in the commission of an aggravated child abuse or as a foreseeable consequence of a conspiratorial agreement to commit that offense." (Emphasis added.) The first degree felony murder statute, Section
782.04(1)(a)2, Florida Statutes (1989), lists the offenses which will support a first degree murder verdict if a death occurs as a result of events set in motion during the commission or attempt of one of the specified felonies. State v. Williams,
254 So.2d 548 (Fla.2d DCA 1971). Although aggravated child abuse and attempted aggravated child abuse are specified within section
782.04, conspiracy to commit aggravated child abuse is not....
...the intent of the statute, for only the lawmaking power can legally designate *279 or define the criminal offenses for which penalties may be imposed. Bradley v. State,
79 Fla. 651,
84 So. 677, 678 (1920). The crime of conspiracy is not included in section
782.04; therefore, conspiracy to commit aggravated child abuse cannot serve as a predicate crime for first degree felony murder....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit
degree murder, in violation of Florida Statutes §
782.04(1)(a)(1). See U.S. ex rel. Osheroff v. Humana
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 987003
...m allowed under the Act for attempted second-degree murder, a felony of the second degree. [2] See §
775.082(8)(a)2 c, Fla. Stat. (1997) (providing that the statutory maximum penalty for a second-degree felony pursuant to the Act is fifteen years); §
782.04 (providing that second-degree murder is a felony of the first degree); §
777.04 (providing that the attempt to commit a first-degree felony constitutes a felony of the second degree)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10444, 2010 WL 2788652
...Second-degree murder is "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect *330 the death of any particular individual." § 782.04(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1562912
...As they were driving from their overnight hotel refuge, they were seen by police who gave chase at high speed. With Michelson driving, the car in which defendant was riding collided with another, killing its driver. The jury convicted defendant only of the lesser included offense of second degree murder. See § 782.04(2), Fla....
...life" means an act that is done from "ill will, hatred, spite or an evil intent"). We then proceeded to consider whether defendant could be convicted of third degree felony murder as a permissive lesser included offense to second degree murder. See § 782.04(4), Fla....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 5, 2011 WL 6508
...619, 637-38 (1993) (imposing an “actual prejudice” standard).
6
robbery—which, in this case, directly resulted in the officer’s death—he would
remain liable for first-degree murder under the felony murder doctrine. See Fla.
Stat. § 782.04(1)(a)2.d; Lovette v....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1988 WL 2617
...Third reason defendant stabbed victim twice with intent to kill: The definition of manslaughter involves no premeditated design or depraved mind, as opposed to murder, where intent is an element of the crime. Although appellant was charged under section
782.04, Florida Statutes, the murder statute, he was convicted of manslaughter under section
782.07, Florida Statutes....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...In State v. Pinder,
375 So.2d 836 (Fla. 1979), the Supreme Court agreed with the decision of the Second District in Pinder v. State,
366 So.2d 38 (Fla. 2d DCA 1978), that a defendant convicted of first-degree murder and an underlying felony enumerated in Section
782.04(1), Florida Statutes, could not be convicted and punished for both the felony murder and the underlying felony where the evidence necessary to sustain the murder conviction was based solely upon proof that the killing occurred as a result of the commission of such underlying felony....
...he allegation of the lesser included offense... . [Emphasis in original.] In Pinder, the indictment charging premeditated murder contained no allegation that the killing had been committed during the perpetration of one of the felonies enumerated in § 782.04(1).
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1994 WL 685953
...2d DCA 1991); see also Biller; Rodriguez. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. GLICKSTEIN and STEVENSON, JJ., concur. NOTES [1] Murder in the second-degree is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. See § 782.04(2), Fla....
CopyCited 5 times | Published | Supreme Court of Florida
...V, § 3(b)(1), Fla. Const. Previous to the proceedings culminating in the judgment from which this appeal is brought, the appellant was convicted of murder in the first degree by distribution of heroin proximately causing the death of another in violation of section 782.04(1)(a), Florida Statutes (1973)....
...hat conduct will be considered a violation. The appellant's arguments are without merit. We hold that the standard for causal relation embodied in the statute is constitutional. We also hold that the legislature has clearly expressed its intent that section 782.04(1)(a) be applicable to a distributor of heroin who has no direct contact with the ultimate user who is killed. The law comports with due process. II. The appellant contends that because of the distinction between first-degree felony murder and second-degree felony murder, as intended by the legislature and elucidated by case law, section 782.04(1)(a) is not applicable to one who distributes heroin but has no direct contact with the victim....
...gree felony murder is inapplicable. The appellant further contends that although the Adams and Dixon cases say that his conduct constitutes second-degree rather than first-degree felony murder, second-degree felony murder is inapplicable also, since section 782.04(2) does not include distribution of heroin among its enumerated underlying felonies....
...heroin voluntarily. Each of the appellant's contentions is without merit. The judgment of the circuit court is affirmed. It is so ordered. ENGLAND, C.J., and OVERTON, SUNDBERG and ALDERMAN, JJ., concur. ADKINS, J., concurs in result only. NOTES [1] 782.04 Murder....
...mb, except as provided in subsection (1), it shall be murder in the second degree and shall constitute a felony of the first degree, punishable by imprisonment in the state prison for life or for such term of years as may be determined by the court. § 782.04(2), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3821849
...her proceedings. On January 11, 1995, in circuit court case 93-887, McDuffie pleaded no contest pursuant to a stipulated upward departure negotiated plea agreement to the lesser offense of second-degree murder with a firearm, a violation of sections
782.04(2) and
775.087, Florida Statutes (1991)....
...This court affirmed the judgment and sentence. See McDuffie v. State,
681 So.2d 285 (Fla. 2d DCA 1996) (table decision). In considering the rule 3.800(a) claim, the postconviction court found that McDuffie pleaded no contest to second-degree murder, a violation of section
782.04, Florida Statutes (1991), a felony of the first-degree punishable by imprisonment for a term of years not exceeding life or as provided in section
775.082. Therefore, the postconviction court found that McDuffie's sole reliance on section
775.082 was misplaced as section
782.04 specifically provided that second-degree murder is punishable by imprisonment for a term of years not exceeding life. *100 However, McDuffie pleaded nolo contendere to second-degree murder with a firearm, a violation of sections
782.04(2) and
775.087, Florida Statutes (1991). Pursuant to section
782.04(2), second-degree murder is "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s....
CopyCited 5 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 537, 2012 Fla. LEXIS 1666, 2012 WL 3732823
effect the death of the person killed[.]” See §
782.04(l)(a)l, Fla. Stat. (2010). CONCLUSION Based on
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2376632
...egree felony murder. In order to be guilty of the crime of either the attempt or the completed act of second degree felony murder, the person who kills or attempts to kill the victim must be someone who was not involved in the underlying felony. See § 782.04(3), Fla....
...The defendant was guilty as a principal of the second degree felony murder of his partner-in-crime by Ed Cody's son. That conviction is not in dispute by either the defendant or the dissent. The defendant was properly convicted of the attempted second degree murder of Ed Cody, which is governed by section 782.04(2), not section 782.04(3), Florida Statutes (2003), which contains very different elements than second degree felony murder....
...I respectfully disagree with the majority's decision to affirm defendant's conviction of attempted second-degree murder. As the majority correctly states, the State charged defendant with attempted first-degree murder with a deadly weapon for the crime committed on Ed Cody. See §
782.04(1)(first degree murder); §
775.087, Fla....
...rior to the decision of the shooter to do so at her behest and for her benefit during the course of the robbery. The fact that the jury found defendant guilty of second-degree murder rather than first-degree murder as charged confirms this fact. See § 782.04(2), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 478317
...Goswick claims that his trial counsel was ineffective for failing to object to certain comments the prosecutor made during closing argument. We reverse and remand for attachment of record or an evidentiary hearing. On January 22, 1993, Goswick was convicted of one count of second degree murder, in violation of section
782.04, Florida Statutes, one count of grand theft auto, in violation of section
812.014(2)(c)(4), Florida Statutes, and one count of petit theft, in violation of section
812.014(2)(d), Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 834
...Wright,
379 So.2d 96 (Fla. 1979), the police intercepted three men attempting to leave after robbery of a store, and one of the robbers was killed by a police bullet. It was held Wright could be convicted of murder in death of his co-perpetrator, under section
782.04(3), Florida Statutes....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1990 WL 41210
...gs. In the ensuing struggle, one defendant, himself shot by the victim, fatally shot the victim with the victim's own gun. The defendants were charged with attempted cocaine trafficking, §
893.135, Fla. Stat. (1987), and first-degree felony murder, §
782.04, Fla....
...We disagree with the defendants and hold that pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(A), the state could file this appeal based on the trial court's final order dismissing the felony murder charges. Defendants acknowledge that pursuant to section 782.04, a person may be charged with felony murder if that person, while "engaged in the perpetration of, or in the attempt to perpetrate" cocaine trafficking, kills another human being....
...lony which involves the use or threat of physical force or violence against any individual. (emphasis added). While it is true, as defendants claim, that section
776.08 does not specifically list drug trafficking as a forcible felony in the way that section
782.04 lists trafficking as an underlying felony upon which a first-degree murder charge can be based, the crime of drug trafficking is clearly embraced within the scope of the definition of forcible felony since the crime is the sort of felo...
...First, Bowes, convicted of marijuana trafficking, pleaded the defense of excusable homicide, §
782.03, Fla. Stat. (1985). Second, and more importantly, in 1987 after this court rendered the Bowes decision, the legislature amended the felony murder statute, §
782.04, specifically to include drug trafficking in the list of those heinous crimes which can underlie a charge of felony murder....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1992 WL 26462
...as habitual felony offenders. James Edwards Brooks and Andre Henry Lamont, the defendants, were both sentenced as habitual felony offenders after being found guilty of life felonies. Defendant Brooks was convicted of second degree murder pursuant to Section
782.04(2), Florida Statutes (1989), a first degree felony, which was reclassified to a life felony, pursuant to Section
775.087, Florida Statutes (1989), because the defendant used a firearm during the commission of the murder....
...pe. Second, it is significant that the statutory sections under which the defendants were convicted specifically provide for sentencing under the habitual offender statute. Defendant Brooks was convicted of second degree murder with a firearm, under Section 782.04(2), which states that persons convicted under this statute may be punished "as provided in s....
...m terms, which were imposed below as habitual violent felony offender sentences under Section
775.084(4)(b), Florida Statutes (1989), (1) on the defendant James Edward Brooks for the reclassified life felony of second-degree murder with a firearm, §§
782.04(2),
775.087(1)(a), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1097953
...Chambers discharged a firearm resulting in great bodily harm, the minimum mandatory sentence and the potential range of penalties for the charged offense and for the improper lesser offense would be identical. Specifically, attempted second-degree murder is a second-degree felony, see § 782.04(2), Fla....
...Petition alleging ineffective assistance of appellate counsel denied. NORTHCUTT and CASANUEVA, JJ., Concur. Appendix A EXCERPT OF VERDICT FORM COUNT ONE (Marcia Radway, victim) We the jury, find the defendant, Patrick Chambers ___ Guilty of Attempted Second Degree Murder Degree of Felony: Second Degree. §§
782.04(2) (classifying second-degree murder as a first-degree felony, punishable by life imprisonment);
777.04(4)(c) (providing that an attempt to commit a crime that is a first-degree felony punishable by life imprisonment is classified as a second-degree felony)....
...the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2). And we further find during commission of said felony the defendant ___ was in actual possession of a firearm Degree of Felony: First Degree. §§
782.04(2) (classifying second-degree murder as a first-degree felony, punishable by life imprisonment);
777.04(4)(c) (providing that an attempt to commit a crime that is a first-degree felony punishable by life imprisonment is classified as a seco...
...idelines *456 exceeds the 30-year statutory maximum, §
921.0024(2). ___ was not in actual possession of a firearm And we further find the defendant ___ did discharge said firearm during the commission of the felony Degree of Felony: First Degree. §§
782.04(2) (classifying second-degree murder as a first-degree felony, punishable by life imprisonment);
777.04(4)(c) (providing that an attempt to commit a crime that is a first-degree felony punishable by life imprisonment is classified as a seco...
...tutory maximum, §
921.0024(2). ___ did not discharge said firearm during the commission of the felony And we further find the defendant's discharging the firearm ___ did result in great bodily harm to Marcia Radway Degree of Felony: First Degree. §§
782.04(2) (classifying second-degree murder as a first-degree felony, punishable by life imprisonment);
777.04(4)(c) (providing that an attempt to commit a crime that is a first-degree felony punishable by life imprisonment is classified as a seco...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 105442
...In order to conduct the statutory analysis mandated by section
775.021(4)(a), it is necessary to look at the statutory language contained in the charges against appellant. Appellant was charged with armed robbery, section
812.13(1) and (2)(a), Florida Statutes; attempted first-degree murder, section
782.04(1)(a) and
777.04 (attempt statute); and use of a firearm during the commission of a felony, to wit: attempted first-degree murder, section
790.07(2), Florida Statutes....
...(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s.
775.082, s.
775.083, or s.
775.084. Section
782.04(1)(a): (1)(a) The unlawful killing of a human being: 1....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 92981
...s sentence be vacated. That the trial court lacked jurisdiction to resentence the appellant is not the only troublesome point, for two of the convictions constitute double jeopardy. The appellant was convicted of second degree murder, a violation of section
782.04, possession of a firearm by a felon, a violation of section
790.23, and possession of a firearm during a felony, a violation of section
790.07....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 537036
...third degree murder was scored as a second degree felony. Attempted robbery with a firearm is a second degree felony, §
812.13(2)(a), Fla. Stat. (1991); §
777.04(4)(b), Fla. Stat. (1991), and attempted third degree murder is a third degree felony, §
782.04(4), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 186981
...re 3.800(a). We reverse and remand for resentencing with an appropriate sentencing scoresheet. Appellant correctly notes that on the face of the Category 1 scoresheet, for murder and manslaughter, there is an exception for capital murder pursuant to section 782.04(1)(a), Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 1103279
...In short, we do not believe that there is any requirement in a case of first degree murder that there be proof aliunde a confession or admission of the defendant that the killing was premeditated or that it was committed in the perpetration or attempted perpetration of any of the felonies enumerated in Section 782.04, F.S.A....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1998 WL 636790
...Franklin argued only that the state failed to prove that he acted in a manner that was imminently dangerous evincing a depraved mind. See Sanderson v. State,
390 So.2d 744, 745 (Fla. 5th DCA 1980); see also Fla. R.Crim. P. 3.380. AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] §
782.04(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...[2] The final point in this appeal was recently decided by the Florida Supreme Court in favor of the State. Even though the deceased was Presley's accomplice in the robbery, and not an "innocent victim," Presley can be charged with second degree murder under section 782.04(3), Florida Statutes (1975)....
...Accordingly we reverse and remand this case for trial. AFFIRMED in part; REVERSED and REMANDED. DAUKSCH, C.J., and COBB, J., concur. NOTES [1] State v. Outten,
206 So.2d 392 (Fla. 1968). [2] Compare United States v. Bayer,
331 U.S. 532,
67 S.Ct. 1394,
91 L.Ed. 1654 (1947). [3] Section
782.04(3), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...by the police arriving on the scene. A shootout ensued and two of Leonard's co-felons were killed by the police. In addition to being charged with conspiracy to commit robbery and attempted robbery, Leonard was charged with felony murder pursuant to Section 782.04(3), Florida Statutes (1977)....
...cause the felony murder rule is for the protection of innocent persons killed during the commission of a felony, not a co-felon. Within a few days after this ruling, our Supreme Court in Mikenas v. State,
367 So.2d 606, 608-609 (Fla. 1978) held that Section
782.04(3) means "any person" killed during the commission of a felony whether an innocent person or a co-perpetrator....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15174, 40 Fla. L. Weekly Fed. D 2315
...At the motion to suppress hearing, one of the detectives admitted that he used
the word mistake many times: "Yes. I was minimizing it." Even if Bussey had
"accidentally" killed the victim during a robbery, Bussey could, and would likely, still face
a charge of first-degree murder. See § 782.04(1)(a)(2)(d), Fla....
...der when the indictment charges premeditated
murder." (citing O'Callaghan v. State,
429 So. 2d 691, 695 (Fla. 1983))). First-degree
murder under the felony-murder theory is a capital felony that carries the possibility of
the death penalty. See §§
782.04(1)(a)(2)(d),
775.082(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1990 WL 149747
...1984), appellant's second degree murder charge, for purposes of reclassification, included all lesser offenses. Thus, he was effectively charged with third degree murder. Second, although all third degree murder charges do not necessarily involve the use of a weapon (section 782.04(4), Florida Statutes (1987)), the information here specifically charged appellant with the use of a weapon....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...victim had died, then the conviction for assault with intent to commit murder in the third degree must be affirmed. Compare Phillips v. State, 1935,
120 Fla. 134,
162 So. 346; and see Riner v. State, 1937,
128 Fla. 848,
176 So. 38, 39. As defined in §
782.04, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1998 WL 821765
...State,
447 So.2d 210 (Fla.) cert. denied,
469 U.S. 920,
105 S.Ct. 303,
83 L.Ed.2d 237 (1984). Conclusion The defendant's judgment and sentence are affirmed because no reversible error has been established. AFFIRMED. COBB, THOMPSON and ANTOON, JJ., concur. NOTES [1] §
782.04, Fla.Stat....
CopyCited 4 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 548, 2016 Fla. LEXIS 2530
robbery, or the murder of another human being. §
782.04(l)(a) 2, Fla. Stat, (2009). The record generally
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 469435
...7(3). In our opinion, that section is more than simply an enhancement or a reclassification statute it creates a separate substantive offense. The offense created consists of the elements of murder (in any degree), which are found by reference to section
782.04; plus the elements of a criminal attempt, which are found by reference to section
777.04(1); plus the added element either that the victim was a "law enforcement officer [as defined in section
784.07(1)(a)] engaged in the lawful perfor...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2632
...by use of a deadly weapon. Thus, we need not revisit the Cuthbert decision in view of the charge made in this case. Strickland v. State,
437 So.2d 150 (Fla. 1983), is not applicable because it involved a charge of attempted first degree murder under section
782.04....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 660986
...[2] Second degree murder is defined as: "The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without an premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 178658
...Murder in the second degree is the unlawful killing of a human being when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual. § 782.04(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1338
...court sentenced him to imprisonment for 17 years, the maximum in the permitted range, and imposed the three year minimum mandatory period provided by section
775.087(2), Florida Statutes (1983). Second degree murder is a felony of the first degree, §
782.04(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1034
...Appellant, George Holden, appeals his sentence after the trial court exceeded the recommended guideline sentence. Holden contends that the departure was excessive in length and was based on impermissible reasons. A jury found Holden guilty of second degree murder, in violation of section 782.04(2), Florida Statutes (1985), for the shooting death of his cousin, Alexander Thompson....
...[2] Second degree murder is defined as: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.... § 782.04(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 399217
...To assure that the seriousness of the latter crime is recognized, the legislature has required that victim injury points be added if the death is the direct result of the offense. See §
921.0021(7)(a), Fla. Stat. (2001). Similarly, if a criminal defendant is convicted of second degree murder in violation of section
782.04(2) or (3), Florida Statutes (2001), a felony of the first degree, 240 victim injury points are added to the Criminal Punishment Code worksheet, even though the death of the victim is by definition factored into the offense level....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1998 WL 131405
...State,
613 So.2d 584 (Fla. 4th DCA 1993), and Franklin v. State,
541 So.2d 1227 (Fla. 2d DCA 1989), approved, Gonzalez v. State,
585 So.2d 932 (Fla.1991), but those cases are not on point. In Franklin v. State , defendant was convicted of third-degree murder, see §
782.04(4), Florida Statutes, where the underlying felony was aggravated battery with a deadly weapon....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...under the rule of stare decisis, we feel we *733 must recede from the "innocent person rule" as espoused in Williams in light of our supreme court's holding in Mikenas v. State,
367 So.2d 606 (Fla. 1978). [1] In Mikenas, the court was concerned with Section
782.04(3), Florida Statutes (1977), the second-degree felony murder statute, rather than Section
782.04(1), the first-degree felony murder statute....
...While expressly declining to decide whether this court's reasoning and rationale in Williams were correct, the supreme court affirmed Mikenas' conviction of the second-degree felony murder of one of his coperpetrators, who had been shot and killed by a policeman attempting to apprehend him. The court stated: "The language of Section 782.04(3) is not ambiguous or vague....
...It refers to `a person' and must mean `any person.' If the Legislature had intended something other than this, it could have inserted the word `innocent.'" Id. at 609. The court went on to hold specifically that there was nothing in the clear language or history of Section
782.04(3) which limited its application to the death of innocent persons. See also Judge Ott's well-reasoned dissent in McRae v. State,
355 So.2d 1252 (Fla. 2d DCA), cert. denied,
360 So.2d 1250 (Fla. 1978). We believe that the analysis of Section
782.04(3) in Mikenas is equally applicable to Section
782.04(1)....
...Williams,
254 So.2d 548 (Fla. 2d DCA 1971) was ultimately predicated, we believe, as mentioned earlier in this opinion, that the result in Williams was nevertheless correct. Our conclusion is based on differences in the wording of the two statutes. Section
782.04(1)(a) provides in pertinent part: "The unlawful killing of a human being, ... when committed by a person engaged in the perpetration of, or in the attempt to perpetrate, ... [one of the enumerated felonies] shall be murder in the first degree... ." Section
782.04(3) provides in pertinent part: "When a person is killed in the perpetration of, or in the attempt to perpetrate, ... [one of the enumerated felonies] the person perpetrating or attempting to perpetrate such felony shall be guilty of murder in the second degree... ." Section
782.04(1)(a), the first-degree felony murder statute, requires an unlawful killing. The accidental death of a person at his own hands is not unlawful. Thus, Williams could not be held to account for Hannsen's death under this statute. Section
782.04(3), however, requires only that a person be killed in the perpetration of one of the enumerated felonies....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Pertnoy, Asst. Atty. Gen., for appellee. Before HENDRY, C.J., and NATHAN, J., and DREW, E. HARRIS (Ret.), Associate Judge. HENDRY, Chief Judge. Appellant, Samuel Miller, was charged by indictment on February 26, 1975, with first degree murder in violation of Section 782.04, Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...They have appealed their convictions on the basis of the sufficiency of the evidence and certain alleged deficiencies in the trial court's instructions to the jury. Although appellants were directly charged in the indictment with the stabbing death of the victim, Kenneth Kirkland, contrary to F.S. 782.04, the sole basis upon which the appellants' convictions could conceivably have rested is the other statute specified in the indictment, F.S....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...th of THOMAS RIZZOTTO, a human being, or while engaged in the perpetration of, or in an attempt to perpetrate Robbery, kill THOMAS RIZZOTTO, a human being, by shooting THOMAS RIZZOTTO with a firearm, to-wit: A Pistol, in violation of Florida Statute
782.04 and
775.087, to the evil example of all others in like cases offending and against the peace and dignity of the State of Florida....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...a weapon or firearm as an essential element. §
812.13 Robbery. (1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear. >§
782.04 Murder....
CopyCited 4 times | Published | Supreme Court of Florida | 2013 WL 3334954
in violation of section
782.04(l)(a)l, Florida Statutes (2009). Under section
782.04(l)(a)l, murder in
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...tate. The information charged that the assault with intent to commit murder was committed on February 10, 1975. The statutes in effect at that time which proscribed assault with intent to commit first degree murder were: § 784.06 Fla. Stat. (1973); §
782.04(1)(a), Fla. Stat. (Supp. 1974). The crime now proscribed by §
784.021(1)(b), Fla. Stat. (1975); §
782.04(1)(a), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 386515
...tatutory limit when a term of years not exceeding life imprisonment is authorized by statute. Id. [5] Given the language in Alvarez, appellant's fifty year sentence does not exceed statutory limits. Second degree murder is a first degree felony, but section 782.04(2) authorizes a *18 sentence not to exceed life imprisonment....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 788097
...The prosecutor, William Andrew Loughery, objected to the instruction and asserted that there was no reasonable basis for its inclusion. Defense counsel countered that the underlying felony offense committed by Sheridan was aggravated battery, an offense not found in the list of enumerated felonies in section 782.04(4), Florida Statutes (1997)....
...which he had been charged, Mr. Loughery's statements and actions may well have resulted in this court reversing the conviction due to prosecutorial misconduct. Reversed and remanded for a new trial. WHATLEY, A.C.J., and DAVIS, J., concur. NOTES [1] Section 782.04(4), Florida Statutes (1997), states: (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any: (a) Trafficking offense prohibited by s....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 8591, 2009 WL 1874028
...We affirm the summary denial of Steven G. Brown's motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) but write to explain an additional basis to affirm the denial of claim one of his motion. A jury convicted Brown of first-degree murder pursuant to section 782.04(1), Florida Statutes (1987)....
CopyCited 4 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 10, 2011 Fla. LEXIS 4, 2011 WL 31384
...rough. The instructions as set forth in the appendix shall be effective when this opinion becomes final. It is so ordered. CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. APPENDIX 7.3 FELONY MURDER FIRST DEGREE § 782.04(1)(a), Fla._Stat....
...If 3b is given, immediately give principal instruction (3.5(a)). 4. Since the statute does not require its proof, it is not necessary to define "premeditation." Lesser Included Offenses |---------------------------------------------------------------| | FIRST DEGREE (FELONY) MURDER
782.04(1)(a) | |-----------------|-----------------------|------------|--------| | CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. | | | | | NO. | |-----------------|-----------------------|------------|--------| | Second degree | Second degree |
782.04(2) | 7.4 | | (depraved mind) | (depraved mind) | | | | murder | murder | | | |-----------------|-----------------------|------------|--------| | Manslaughter | |
782.07 | 7.7 | |-----------------|-----------------------|------------|--------| | | Second degree |
782.04(3) | 7.5 | | | (felony) murder | | | |-----------------|-----------------------|------------|--------| | | Third degree (felony) |
782.04(4) | 7.6 | | | murder | | | |-----------------|-----------------------|------------|--------| | | Aggravated assault |
784.021 | 8.2 | |-----------------|-----------------------|------------|--------| | | Aggravated battery |
784.045 | 8.4 | |...
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
...Therefore, there is no reason to require the State to notify defendants of
the aggravating factors that it intends to prove.’” Id. (quoting Winkles v. State,
894 So. 2d 842, 846 (Fla. 2005)).
Count I of the indictment in Grim’s case charged Grim with premeditated
murder in violation of Fla. Stat. §
782.04.5 Section
782.04 of the Florida statutes
5
Count I of the indictment alleged, in pertinent part:
The Grand Jurors of the State of Florida, lawfully selected and impaneled and
sworn, inquiring in and for the body of the Co...
...6 In brief, Count I notified Grim that he was (1) charged with
stabbing the victim with a knife and beating her with a hammer, and in the
process thereof did use, carry or possess a weapon, to-wit: a knife and hammer in
violation of Section[ ] 782.04 ....
CopyCited 4 times | Published | Supreme Court of Florida
felony not enumerated in section §
782.04(3), Fla. Stat. Regarding the enhanced
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 769, 2009 WL 261480
...ns that arose from Mr. Brinson's single episode of criminal conduct. In Florida, the felony murder rule and the law of principals "combine to make a felon liable for the acts of his co-felons." Bryant v. State,
412 So.2d 347, 350 (Fla. 1982). First, section
782.04(1)(a), Florida Statutes (2002), codifies the common law doctrine of felony murder, and subsection (1)(a)(2) provides that first-degree murder includes the killing of a human being "[w]hen committed by a person engaged in the perpetration of, or in the attempt to perpetrate" certain enumerated felonies. Included as a qualifying felony is the "[m]urder of another human being." §
782.04(1)(a)(2)( o )....
...Brinson for a single homicide. To prove the offense of felony murder, the State in this case was required to show that Ms. Bethune was dead and that her death occurred as a consequence of a felony, i.e., the attempt to murder Louis Smith. See §§
777.04(1),
782.04(2)....
...to prove that Mr. Brinson, personally or as a principal, intentionally committed an act that was intended to kill Louis Smith, and that this act was imminently dangerous to another and demonstrated a depraved mind without regard for human life. See § 782.04(1)(a)(2)....
...Bethune where the offenses involved two different victims. Thus, the two offenses, under the facts of this case, are distinguishable by more than mere degree. That Mr. Brinson was convicted and sentenced for both offenses is consistent with the legislative purpose expressed in sections
775.021(4) and
782.04(1)(a)(2)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 327504
...And, attempted second degree murder requires proof of an act which could have resulted in deathan element not required for aggravated battery. AFFIRMED. ORFINGER, J., and COBB, W.H., Senior Judge, concur. NOTES [1] §
784.045(1)(a)1. and 2., Fla. Stat. [2] §
782.04(2); §
777.04; §
775.087, Fla....
CopyCited 4 times | Published | Supreme Court of Florida
of first-degree murder that is delineated in section
782.04, Florida Statutes (2018). Hurst
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...lly carries a greater penalty than the "facilitating offense." Of course, sometimes the crime with the greater penalty occurs incidental to the commission of a more specifically intended crime which carries a lesser penalty, as when a felony murder (§ 782.04, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1997 WL 777380
...State,
675 So.2d 170 (Fla. 5th DCA 1996). We, thus, consider whether he is entitled to relief under Rule 3.800(a). Second degree murder is, and was at the relevant time, a felony of the first degree punishable by imprisonment for a term of *1070 years not exceeding life. §
782.04(2), (3), Fla....
CopyCited 4 times | Published | Supreme Court of Florida
...§ 920.09(1), F.S.A., requires that the new trial should proceed in all respects as if no former trial had been had. The first conviction did not acquit the defendant of any degree of the offense. The second trial was held on an indictment charging murder in the first degree. Fla. Stat. § 782.04, F.S.A., provides that the punishment for such crime shall be death....
...ent for life, at the discretion of the court." (e.s.) [1] Section 5(3), Article V, Florida Constitution, F.S.A. [2] Section 4(2), Article V, Florida Constitution. [3] Florida Statutes, § 920.09(4), F.S.A. [4] R.Cr.P. 1.640(a). [5] Florida Statutes, § 782.04(2), F.S.A....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2316773
...The same analysis applies in this case. The original indictment of September 2003 and the amended indictment of November 2003 [1] , without tracking statutory language precisely, stated that counts one and two against Brown were for first degree murder, and cited to section 782.04(1), Florida Statutes (2003), which section encompasses the specific element of premeditation. The new, post-speedy indictment filed on May 25, 2004, adding the specific element of premeditation similarly did not track the statutory language exactly but included the same citation to section 782.04(1)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 464147
...d to defend himself from Bishop. In his first issue, appellant contends the evidence presented at trial was legally insufficient to sustain his conviction of any offense more serious than manslaughter. We disagree. Second degree murder is defined in section 782.04(2), Florida Statutes, as: (2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect...
CopyCited 4 times | Published | District Court, M.D. Florida
murder of a law enforcement officer, Fla. Stat. §
782.04, and- sought a search warrant to enter and search
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1007
...Varon, Hollywood, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee. WALDEN, Judge. Upon trial by jury, Roswell Gilbert was found guilty of the premeditated murder of his wife, Emily, in contravention of section 782.04(1)(a)1, Florida Statutes (1981)....
...u beyond a reasonable doubt *1190 of the existence of premeditation at the time of the killing. Moreover, the term felonious is mere surplusage. See United States v. Harvey,
428 F.2d 782 (9th Cir.1970). The crime of first degree murder as defined in section
782.04(1)(a)1, Florida Statutes (1981), does not include the definition of "felonious" as proposed by appellant, i.e., involving evil, malicious or malignant motivation or intent....
...The concept of permissive mitigation of the minimum penalty based upon a claim the motive for the killing was compassion is even more difficult to accept when the offender is sophisticated, educated and mature, and has enjoyed opportunities in life to make choices. NOTES [1] Section 782.04(1)(a)1, Florida Statutes (1981), provides: 782.04 Murder (1)(a) The unlawful killing of a human being: 1....
CopyCited 4 times | Published | District Court of Appeal of Florida
...ment, but also, that it is contrary to law, unconstitutional, violative of appellant's fundamental rights, unprecedented, unauthorized by statute, and unethical; further, that the second sentence is unlawful because imposed upon a dead body, because Section 782.04, Florida Statutes, F.S.A., as here applied, is unconstitutional and because the sentence constitutes an usurpation of the rights or authority of the parole and/or pardon boards....
...915 of 112 So.2d: *49 "Appellant has also raised the contention that the two life sentences as imposed by the court to run consecutively were excessive and constituted cruel and inhuman punishment. However, the applicable law refutes this position. Under section 782.04, Florida Statutes, F.S.A., murder in the second degree is defined as one perpetrated by an act imminently dangerous to another, evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual....
CopyCited 3 times | Published | District Court of Appeal of Florida
imprisonment. See §
775.082(1)(b), Fla. Stat. (2015); §
782.04(1)(a)1., Fla. Stat. (2015). Because he was seventeen
CopyCited 3 times | Published | Supreme Court of Florida | 1990 WL 130218
...As the state did not challenge the decision to vacate the conviction for possession of a firearm in the commission of a felony, or argue that it was wrong, we decline to rule on it. [2] Under the Florida Standard Jury Instructions in Criminal Cases, first-degree murder (section 782.04(1)(a), Florida Statutes (1985)) has three elements: (1) The victim is dead, (2) the defendant caused the death, (3) the killing was premeditated....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Defendant Spikes was nineteen years old at the time the offense was committed. Her presentence investigation report disclosed *432 no prior record. Although it is punishable by life imprisonment, second-degree murder is classified a first-degree felony. § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
..."All defendants were equally guilty and none of them had any prior police record. "Defendant did not know that his co-defendants had in fact, entered their guilty plea to third degree murder which allowed them to be sentenced to five years. And this defendant did not know that the law, F.S.A. Section 782.04 had a mandatory minimum sentence of twenty years, for the offense of second degree murder....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22213712
...domestic violence injunction was in effect. We note that the trial court properly denied McClenithan's motion to correct sentence pursuant to rule 3.800(b). Affirmed in part, reversed in part, and remanded. DAVIS and VILLANTI, JJ., Concur. NOTES [1] § 782.04(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 372194
...We affirm both convictions for attempted armed robbery but remand for resentencing within the guidelines and without consecutive stacking of minimum mandatory terms. Affirmed in part; reversed in part. CAMPBELL, A.C.J., and SCHOONOVER, J., concur. NOTES [1] § 782.04(1)(a)1., Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14947, 2011 WL 4374283
...The element at issue here is premeditation. "Premeditation is the essential element which distinguishes first-degree murder from second-degree murder." Coolen v. State,
696 So.2d 738, 741 (Fla. 1997) (citing Wilson v. State,
493 So.2d 1019 (Fla.1986)); see also §
782.04(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 633748
...We therefore affirm appellant's convictions and sentence. We note, however, a scrivener's error in the final judgment, which erroneously lists the attempted second degree murder as a violation of section
794.011(2) (capital sexual battery) instead of section
782.04(2)(second degree murder)....
...(1993), provides in pertinent part: (1) "Aggravated child abuse" is defined as one or more acts committed by a person who: (a) Commits aggravated battery on a child; (b) Willfully tortures a child; (c) Maliciously punishes a child; or (d) Willfully and unlawfully cages a child. [2] Section 782.04, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1992 WL 259789
...mit first degree murder insisting that she intended for him to be beaten up but not killed. Third degree murder is defined as the unlawful killing of a human being without any design to effect death while committing or attempting to commit a felony. § 782.04(4), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1266231
...Douglas Tunsil, III, appeals an order denying his motion to correct illegal sentence. We reverse. Defendant-appellant Tunsil was convicted on count one, third degree murder with a firearm, and count two, aggravated assault with a firearm. On count one, third degree murder is a second degree felony. § 782.04(4), Fla....
...ence as an HVFO. In this case defendant was convicted of one count of third degree murder, which by statutory definition is an unlawful killing, without any intent to cause death, by a person engaged in the perpetration of non-enumerated felony. Id. § 782.04(4)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 821206
...2d DCA 1989). Properly classified, the offense in this case would result in a maximum scoresheet sentence of 208 months of imprisonment. Therefore, we reverse and remand for resentencing. ALTENBERND, A.C.J., CASANUEVA and DAVIS, JJ., Concur. NOTES [1] See §
782.04(1)(a)(1), Fla. Stat. (1997). [2] See §§
782.04(4),
784.021(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15182, 2015 WL 5965155
...Williams II,
83 So. 3d at 907; see also §
782.051(1), Fla. Stat. (2004) (Attempted
4
felony murder statute provides that “[a]ny person who perpetrates or attempts to
perpetrate any felony enumerated in s.
782.04(3) and who commits, aids, or abets
an intentional act that is not an essential element of the felony and that could, but
does not, cause the death of another commits a felony of the first degree,
punishable by imprisonment for a term of years not exceeding life ....
...victim does not vitiate the legally sufficient allegations in that count of attempted
felony murder under section
782.051(1), Florida Statutes (2004):
Attempted felony murder.—
(1) Any person who perpetrates or attempts to perpetrate any felony
enumerated in s.
782.04(3) and who commits, aids, or abets an
intentional act that is not an essential element of the felony and that
could, but does not, cause the death of another commits a felony of the
first degree . . . .
The attempted armed robbery charged in count 2 is a felony enumerated in
section
782.04(3), and the later act of shooting the victim in the abdomen is an
intentional act separate and distinct from that of pointing the firearm at the victim’s
head and demanding that she hand over her bag....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3209935
...We agree with Mendoza that his attempted first degree murder conviction was enhanced. As the State correctly concedes, Mendoza's conviction for possession of a firearm during the commission of a felony should thus be reversed. As to the attempted first degree murder charge, first degree murder is a capital felony pursuant to section 782.04(1), Florida Statutes (2002)....
CopyCited 3 times | Published | Supreme Court of Florida | 2012 WL 9337465
death is not an element of felony murder. See §
782.04(l)(a)2., Fla. Stat. (1990). Consequently, Slaughter
CopyCited 3 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 929, 2008 Fla. LEXIS 2278, 2008 WL 4998949
...The conviction for first-degree murder under the felony murder theory is supported by not only the conviction for sexual battery but also Wainwright's convictions for armed robbery and armed kidnapping. Both are qualifying felonies under the felony murder statute. § 782.04(1)(a)(2)(d), (1)(a)(2)(f), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 557550
...The appellant in this case entered a plea to the charge of second-degree murder of her 35-month-old child. She signed a written plea agreement with no agreement as to sentence. While the maximum penalty allowed by law for second-degree murder is a term of years not exceeding life (section 782.04(2), Florida Statutes (1993)), the sentencing guidelines score for the appellant reflected a recommended sentence of 12 to 17 years and a permitted sentence of 7 to 22 years....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 2579634
...Because Appellant's second claim has merit, we reverse and remand for further proceedings. On March 3, 1997, pursuant to a plea agreement, Appellant was sentenced to a guidelines sentence of 10.5 years in prison *418 followed by 20 years of probation for attempted first degree murder pursuant to section 782.04, Florida Statutes (1995)....
...tence exceed the 30-year statutory maximum for attempted first degree murder, therefore, his sentence is illegal. Attempted first degree murder may be punished by a term of imprisonment not to exceed 30 years. §§
775.082(3)(a)(3)(b),
777.04(4)(b),
782.04(1)(a)(3), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 536493
...State,
630 So.2d 527 (Fla.1993), and requires both sentences to be vacated and the cause to be remanded for resentencing. Although Florida statutory law would permit the trial court to impose the same (or more severe or less severe) sentences on remand, see sections
782.04(2) (second-degree murder),
810.08(2)(c) (armed trespass) and
775.084(4)(a)1 & 3 (providing for enhanced habitual felony offender sentencing), Florida Statutes (1993), we direct that the sentences be ordered to run concurrently in accordance with Hale....
...We AFFIRM the conviction, VACATE both sentences, and REMAND for resentencing WITH DIRECTIONS to order the habitual felony offender sentences to run concurrently. Additionally, the trial court should correct a scrivener's error on the judgment to cite the statutory chapter for second-degree murder as section 782.04(2), Florida Statutes (rather than § 784.04(2))....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 279901
...We affirm his judgment and sentence in all respects, but remand for correction of scrivener's errors in the written judgment. The judgment incorrectly lists second-degree murder as a second-degree felony rather than a first-degree felony punishable by life imprisonment. It also incorrectly refers to section "782.04(01A)," when the correct statutory citation is section 782.04(2), Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 264017
...with instructions to give defendant a new trial. The state conceded below that the felony murder theory was invalid because at the time of the crime, attempted trafficking in cocaine was not a specified felony in the first degree murder statute. See § 782.04(1)(a), Fla. Stat. (1981). Attempted trafficking was added to the felony murder statute, however, in 1992. See § 782.04(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1169
...State,
485 So.2d 901 (Fla. 4th DCA 1986). Third, Montoya argues that his sentence exceeds the recommended guidelines. We disagree. Montoya was convicted of attempted second degree murder with a firearm. Second degree murder is a first degree felony. §
782.04(2), Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
effect the death of the person killed,” Fla.Stat. § 782.-04(l)(a)(l) (West Supp.1983), or that he was a principal
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 612346
...nd-degree murder were illegal. As explained later in this opinion, the trial court denied this motion. Despite this denial, Mr. Sousa has solid support for his argument. Second-degree murder is a first-degree felony, punishable by life imprisonment. § 782.04(2), Fla....
CopyCited 3 times | Published | District Court, S.D. Florida
...ated design to effect the death of a human being, or while engaged in the perpetration of, or in an attempt to perpetrate, robbery, with having killed six individuals by shooting them in the head with a deadly weapon, in violation of Florida Statute 782.04....
CopyCited 3 times | Published | Supreme Court of Florida | 1996 WL 136909
...[6] Like section 39.02, section 39.111 was repealed by chapter 90-208, section 17, Laws of Florida, and reenacted as section 39.059 by chapter 90-208, section 5, Laws of Florida. [7] Ritchie was convicted of second-degree murder with a firearm, which is a first-degree felony punishable by a life sentence. See § 782.04(2), Fla.Stat....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 43189
...In order to sustain appellant's conviction, the State had the burden of proving beyond a reasonable doubt that appellant unlawfully killed Reginald by an act imminently dangerous and evincing a depraved mind regardless of his life, although without any premeditated design to effect his death. § 782.04, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 309814
...(1997). He contends that these convictions, taken together, violate the state and federal prohibitions against double jeopardy, because they stem from a single act the Legislature did not intend to punish twice. We reject this contention and affirm. Section 782.04(1)(a), Florida Statutes (1997), defines murder in the first degree to include killing somebody "from a premeditated design to effect the death." Attempting such a murder with a firearm is a life felony....
...Now substantially amended, [1] section
782.051, Florida Statutes (1997), once made it a crime to cause bodily injury during the course of committing or attempting a felony: Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s.
782.04(3) and who commits, aids, or abets an act that causes bodily injury to another commits a felony of the first degree.... §
782.051(2), Fla. Stat. (1997). First degree murder is not enumerated in section
782.04(3), Florida Statutes (1997). At the time pertinent to the present case, section
782.051(2), Florida Statutes (1997), required proof that the perpetrator (1) committed or attempted to commit a felony not listed in section
782.04(3), Florida Statutes (1997), and (2) while doing so committed, aided or abetted an act causing bodily injury to another person....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1023022
...Following the State's presentation of evidence, and again at the close of all evidence, Tillman sought judgments of acquittal. He argued that the State failed to establish premeditation or that he had committed a crime such as robbery that would support a felony murder conviction. See § 782.04(1), Fla....
...Second-degree murder is the unlawful killing of a person "when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
...The evidence simply did not establish the necessary elements to support a conviction of second-degree murder. Third-degree murder is an unlawful killing that occurs during the perpetration of, or the attempt to perpetrate, a felony other than those felonies listed in section 782.04(4), Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 191991
...Appellant's primary conviction was count I murder in the second degree. Murder in the second degree constitutes a felony of the first degree, which is punishable by imprisonment for a term of years not exceeding life, or as provided by sections
775.082,
775.083, or
775.084. See §
782.04(2), Fla....
...Second, general law provides punishment for a felony of the first degree by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment. §
775.08(3)(b), Fla. Stat. (1991). This case does provide specifically by section
782.04(2) for appellant to receive a term of imprisonment not exceeding life where he was convicted of murder in the second degree....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...think there is no reasonable possibility that if the jury had concluded that Wendy Raduns, not defendant, inflicted the fatal stab wound, it would not also have found defendant guilty of murder in the first degree under the felony murder statute, Section 782.04(1)(a), Florida Statutes....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...the body of the County of Hernando, and inquiring into the facts and circumstances surrounding the death of CARRIE BELLE BLACK, on their oaths do present and charge that THERON BLACK, did, on the 9th day of May, 1976, in violation of Florida Statute 782.04, unlawfully and perpetrated from a premeditated design to effect the death of the person killed, or any human being, did kill and murder CARRIE BELLE BLACK, a human being, by shooting her with a firearm, a more particular description being to this Body unknown....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 68942
...On this record the trial court correctly denied the motion for judgment of acquittal and properly submitted the issue to the jury. [3] Appellant also contends that the evidence was legally insufficient to show "a depraved mind regardless of human life," § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 65653
...We affirm in part, reverse in part and remand with directions. Grantham alleges that the trial court erred in improperly instructing the jury on the defense of excusable homicide and in denying the defense request for an instruction on third-degree murder, pursuant to Section 782.04, Florida Statutes....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1469
...1981), aff'd.,
457 U.S. 31, *830
102 S.Ct. 2211,
72 L.Ed.2d 652 (1982). It is no defense that the specific acts of sexual battery which occurred as a part of that episode which involved other acts causing the death were not in themselves the cause of the death. See section
782.04(1)(a)(2), Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 2663701
...lso a different issue: whether the state presented evidence inconsistent with Carranza's reasonable hypothesis of innocence that Sandoval murdered Bataille. We address both issues. In convicting a defendant for first-degree premeditated murder under section 782.04(1)(a)1., Florida Statutes, the state must prove beyond a reasonable doubt that the victim is dead, the death was caused by the criminal act of the defendant, and there was a premeditated killing of the victim....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1988 WL 69357
...ed first degree murder. The court said that appellant intended to kill Rio and thought he had killed Rio. Because those factors are inherent components of the offense, they are invalid reasons to depart. State v. Mischler,
488 So.2d 523 (Fla. 1986); §
782.04(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11352
...CONNOLLY, JR., did unlawfully and
feloniously kill a human being, to wit: JOHN B. CALLAHAN, from a
premeditated design to effect the death of the person killed or any
human being, by shooting the said JOHN B. CALLAHAN with a
firearm, in violation of s. 782.04(1), s....
...(1) the victim is dead; (2) the death
was caused by the criminal act of the defendant; and (3) there was an unlawful killing
of the victim “by any act imminently dangerous to another and evincing a depraved
mind regardless of human life . . . .” § 782.04(2), Fla....
...2d 1362, 1370 (Fla.
1981), rev’d on other grounds,
458 U.S. 782 (1982))). As long as the State proves
that the act the defendant committed was “imminently dangerous to another and
evincing a depraved mind regardless of human life” and the act caused the victim’s
death, §
782.04(2), the defendant is guilty as a principal for the second degree murder
of Callahan....
...n the course
of” committing this second degree murder.
Second degree murder is the unlawful killing of the victim “by an act” that is
“imminently dangerous to another and evincing a depraved mind regardless of
human life . . . .” § 782.04(2), Fla....
...47
The second premise is wrong because, while it is true that the offense
committed by Bulger, Flemmi, Martorano, and the defendant did not become a
second degree murder until the victim died, see § 782.042(2) (requiring that a human
be “kill[ed]” before the defendant can be charged with second degree murder), a
defendant need not be present at the scene (“spatial and temporal proximity”) when
the last element of the second degree...
...murder and the law governing principals and accomplices specifically contemplate
that the acts committed by a co-defendant during the commission of the felony may
be committed at any time and any place. Neither section
777.011, the statute
pertaining to principals, nor section
782.04(2), the statute pertaining to second
degree murder, requires that the defendant be present or that he commit the last act
that led to the victim’s demise.
Section
777.011, the principal statute, holds the defendant legally r...
...(3) Is of such a nature that the act itself indicates an indifference to
human life.
The defendant does not dispute that there was competent substantial evidence
to support his conviction for second degree murder. It is equally clear that neither
section
777.011 nor section
782.04(2) requires the defendant to be present when the
shooting occurs or during the “last act” that caused the victim’s demise....
...the last act or last element of a crime is committed, or when the firearm is used in
furtherance of the crime. To do so violates the clear and unambiguous language of
sections
777.011 (the principal statute),
775.087(1) (the reclassification statute), and
782.04(2) (the second degree murder statute)....
...elements was satisfied in order for reclassification to occur under section
775.087(1).
As stated earlier, second degree murder is the unlawful killing of a human
being by any act that is imminently dangerous to another and evincing a depraved
mind regardless of human life. §
782.04(2)....
...Second degree murder does not require a
specific act, such as shooting or stabbing the victim. Second degree murder only
requires that the defendant commit some act—any act—that is imminently
dangerous to another evincing a depraved mind regardless of human life and which
ultimately causes the victim’s death. § 782.04(2)....
...did unlawfully and feloniously kill a human being, to wit: JOHN B.
CALLAHAN, from a premeditated design to effect the death of the
person killed or any human being, by shooting the said JOHN B.
CALLAHAN with a firearm, in violation of s. 782.04(1), s....
....
13
Count 2 states that the same four co-defendants,
“did unlawfully and feloniously agree, conspire, combine, or
confederate [with one another] to commit a criminal offense, to wit:
Murder in the first degree with a firearm upon JOHN B. CALLAHAN,
in violation of s. 782.04(1), s....
...Thus, by the time Connolly
was indicted in 2005, the four-year statute of limitation had expired some nineteen
years earlier for the first-degree felonies of conspiracy to commit first-degree
murder, section
777.04(4) (b), Florida Statutes (1981), and second-degree murder,
section
782.04(2), Florida Statutes (1981)....
...by the statute, the jury instructions, and the case law, were acts committed not by
Connolly but by others. Connolly’s own acts were not the acts of the murder such
that he can be reclassified as an active co-perpetrator of the murder.
Second-degree murder is defined in section 782.04(2), Florida Statutes (1981)
as follows:
The unlawful killing of a human being, when perpetrated by any act
imminently dangerous to another and evincing a depraved mind
regardless of human life, although without...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 410698
...of the underlying felony. See Lovette v. State,
636 So.2d 1304, 1306 (Fla.1994). For the jury to be instructed on felony murder in either the first, second or third-degree, the underlying felony must be one of the underlying predicate felonies. See §
782.04(1)(a),(3),(4), Fla....
...d not have intended to cause death; rather, "knew what was going to happen" means that the defendant must have intended to participate in an act or acts imminently dangerous *1301 to another and evincing a depraved mind regardless of human life. See § 782.04(2), Fla.Stat....
...cted of second-degree murder as a principal a defendant must have known that a murder was going to happen. Second-degree murder is a general intent crime and thus does not require proof of a premeditated design to effect the death of the person. See § 782.04(2)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 103315
...Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. LEHAN, Judge. This is an appeal from defendant's convictions for first-degree felony murder under section
782.04(1)(a)(2)(h), Florida Statutes (1985), and the underlying second-degree felony of aggravated child abuse under section
827.03....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 4897
...Clearly, any confusion regarding the principal instruction did not contribute to the verdict in this case since Mr. Larman's active participation in the robbery was not in dispute. JUDGMENT and SENTENCE AFFIRMED. GRIFFIN, C.J., and DAUKSCH, JJ., concur. NOTES [1] § 782.04(1)(a)2, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 580, 2010 WL 325898
...Murder, for example, is listed as one of the qualifying offenses. There are, of course, several degrees of murder and a number of different methods of committing that crime set forth in the statutes, yet the PRR Act does not differentiate, for example between second and third degree murder. See § 782.04, Florida Statutes (2003)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 167817
...State,
714 So.2d 470, 472 (Fla. 4th DCA 1998)). "Where evidence tends in any way, even indirectly, to establish a reasonable doubt of defendant's guilt, it is error to deny its admission." Id. (quoting Rivera v. State,
561 So.2d 536, 539 (Fla.1990)). Section
782.04(2)d, Florida Statutes, states that the killing of a human being, which occurs while a defendant is "engaged in the perpetration of" a robbery is murder in the first degree, or felony murder....
CopyCited 3 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 453, 2013 Fla. LEXIS 271, 2013 WL 627146
effect the death of the person killed[.]” See §
782.04(l)(a)l, Fla. Stat. (1985). Penalty Phase Claims
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 62889
...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. NOTES [1] §
782.04(2), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...cause to believe that Linda Johnson did commit the crime of displaying or attempting to use a weapon while attempting or committing a felony in violation of Florida Statute
790.07, and the crime of First Degree Murder in violation of Florida Statute
782.04." The appellant was tried in the criminal division of the circuit court on the charge of second degree murder....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3524033
...Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. FULMER, Chief Judge. Michael Aumuller challenges his conviction for first-degree murder by drug distribution in violation of section 782.04(1)(a)(3), Florida Statutes (2001)....
...In contrast to the third-degree murder offense at issue in Allen, the first-degree murder offense here has been described as "an unusual form of felony murder." Pena v. State,
829 So.2d 289, 294 (Fla. 2d DCA 2002). The unusual characteristics of the offense were discussed in Pena: The offense described in section
782.04(1)(a)(3), however, is an unusual form of felony murder....
...In fact, the defendant does not even need to possess knowledge of the drug overdose or to be present when it occurs. If the defendant unlawfully distributes an illegal drug and the distribution results in a death caused by the drug, then the defendant is guilty of first-degree murder under section 782.04(1)(a)(3)....
...State,
377 So.2d 706 (Fla.1979). We therefore conclude that because there was no evidence to support an intervening cause theory, the *1143 trial court's denial of the requested instruction was not an abuse of discretion. Affirmed. CASANUEVA and STRINGER, JJ., Concur. NOTES [1] Section
782.04(1)(a)(3), Florida Statutes (2001), provides: The unlawful killing of a human being:....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 1540465
...ment of impact lasted a matter of thirty seconds. Michelson and Sigler were both arrested at the scene of the fatal collision. The two were tried together, and the court instructed the jury on first degree felony murder as charged in the indictment. § 782.04(3)(g), Fla....
...The crime of second-degree murder is defined as: The unlawful killing of a human being when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual ... § 782.04(2), Fla....
...a judgment for the lesser-included offense. See I.T. v. State, 694 *
986 So.2d 720, 724 (Fla.1997). Here the underlying crime supporting the third-degree felony murder charge was the offense of harboring, concealing, or aiding an escaped prisoner. §§
782.04(4),
944.46, Fla....
...Accordingly, we direct the trial court to enter judgment for third-degree felony murder, and remand for appropriate re-sentencing. POLEN, C.J., and DELL, J., concur. GROSS, J., concurs specially with opinion. GROSS, J., concurring specially. Appellant was charged in this case with first degree felony murder under section 782.04(3), Florida Statutes (1999)....
...State,
805 So.2d 32 (Fla. 4th DCA 2001). [2] In returning a verdict for the lesser offense, the jury necessarily found that the homicide did not occur while Michelson was committing an escape, which would have been a predicate offense for first-degree felony murder. §§
782.04(3)(g), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 107045
...er requires not only by "an act imminently dangerous to another" (which arguably would include justifiable and excusable homicides), but one "evincing a depraved mind regardless of human life" (which excludes justifiable and excusable homicides), § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 135843
...f human life". [3] These findings reject any possibility the killing was justifiable or excusable. We realize this opinion is in conflict with Walker, supra ; Spaziano, supra (as modified by Tobey ). AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 782.04(2), Fla....
...(1985). These convictions are not the subject of this appeal. [2] The current statute contains some wording changes, but it (as it did when Hedges was decided) excludes, "excusable homicide" and killing where there is no "lawful justification." [3] § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 777397
...it exceeds 15 years. Apparently Richardson is under the impression that second degree murder is a second degree felony. Second degree murder is actually a first degree felony, punishable *609 by imprisonment for a term of years, not exceeding life. § 782.04(2), Fla....
...it exists) is not apparent on the face of the scoresheet. Thus it is not cognizable through proceedings brought pursuant to rule 3.800(a). See Holland v. State,
672 So.2d 566 (Fla. 5th DCA 1996). AFFIRMED. GOSHORN and ANTOON, JJ., concur. NOTES [1] §
782.04(2), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 16 Fla. L. Weekly 3
...Pray was convicted of third degree felony murder on count I and simple battery on count II. Pray argues that the trial court erred in denying her motion for judgment of acquittal on the count for third degree felony murder because she was not convicted of any underlying felony to support the conviction. Section 782.04, Florida Statute (1987) defines third degree felony murder as: The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate any felony other than any ....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Appellant, defendant below, appeals her conviction and sentence for the crime of manslaughter. An information was filed against appellant charging her with one count of second degree murder for the shooting death of her boyfriend, one Vincent Lyon, in violation of Section 782.04, Florida Statutes (1975)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 22023448
...onstitution prohibits any person from being tried for a capital crime without presentment or indictment by a grand jury."). In sum, first degree murder cases are capital cases because the Legislature made first degree murder punishable by death. See §
782.04(1)(b), Fla. Stat. (1991); Lewis v. State,
780 So.2d 125, 125 (Fla. 3d DCA 2000) ("Section
782.04(1), Florida Statutes (1995), provides that first-degree murder is a capital felony...."); Alfonso,
528 So.2d at 384; Ortagus,
500 So.2d at 1371 (Fla....
...his crime. Rusaw v. State,
451 So.2d 469 (Fla.1984) (a capital crime is one in which the death sentence is possible). This argument, however, ignores the fact that the legislature has the power to define crimes and set punishments. Id. According to Section
782.04, Florida Statutes (1983), murder in the first degree is a capital offense.")....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 2016241
...The information alleged that Jones "did command, encourage, hire, or request David Ruiz and/or Deputy Gary Morales to engage in specific conduct which would constitute First Degree Murder, or an attempt to commit First Degree Murder in violation of Florida Statute
782.04(1) &
777.04." In July of 2002, Hunt was the boyfriend of Delena Jones ("Delena")....
...Second degree murder is defined as follows: "The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 518609
...1153,
106 S.Ct. 2261,
90 L.Ed.2d 705 (1986). Moreover, the trial court properly instructed the jury on the issue of self-defense. See Fla. Std. Jury Instr. (Crim.) 3.04(d). JUDGMENTS and SENTENCES AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] §
782.04(1)(a)1, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...As we have already noted, we find it necessary to reverse the attempted robbery conviction; therefore, we will proceed to the defendant's next points. The defendant's fourth point questions whether a separate sentence may be imposed for the underlying felony of attempted robbery. Section 782.04(1)(a), Florida Statutes (1979), provides that "[t]he unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed ......
...1979), and its progeny have held that a defendant cannot be convicted of both a felony murder and the felony which serves as its basis, where the only evidence to sustain the murder conviction is furnished by proof that the killing occurred as the result of one of the felonies enumerated in Section 782.04(1), Florida Statutes (1979)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Following a denial of this motion appellant entered into negotiations with counsel for the state and pursuant to a plea bargain entered a plea of guilty to the robbery count and nolo contendere to the murder charge. This appeal followed. The issue in this case can be stated by way of the following question: Does Section 782.04(3), Florida Statutes, defining those who shall be liable for second degree felony-murder, contemplate prosecution for that offense where an accomplice, co-conspirator, or co-perpetrator of the underlying felony, is subsequently killed...
...y in State v. Briscoe,
341 So.2d 1093 (Fla. 2d DCA 1976), a case factually apposite to the instant case. The question in that case, like the instant case, was whether the accused co-perpetrator of a robbery could be held criminally accountable under Section
782.04(3) for second degree felony-murder when her accomplice was killed by a third person not engaged in the perpetration of the offense....
...It should be noted that Williams, and particularly Briscoe, only differ in their posture from the case sub judice in that both of those cases came to us from dismissals of indictments. It is asserted by the state that at the time Williams was decided only two degrees of felony-murder existed under Section 782.04, i.e., first and third degree felony-murder. Following Williams, the state points out the legislature in 1972 amended Section 782.04 to include a second degree felony-murder provision. [1] This latter provision was amended in 1975 and now Section 782.04(3), Florida Statutes (1975), provides in part, "(3) When a person is killed ......
...ts we are mindful of the state's contention that this language may logically be extended to impose liability on a felon for the death of a co-felon occurring during the commission of a particular felony. Although a literal reading of the language in Section 782.04(3) may bear out this conclusion, we decline to extend the umbrella of this statute to impose criminal liability on a guilty party for the death of another guilty party....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 199176
...Because this evidence was introduced without *266 objection, any error in admitting the pretrial identification was, at most, harmless error. State v. DiGuilio,
491 So.2d 1129 (Fla.1986). JUDGMENT and SENTENCE AFFIRMED. DAUKSCH and COBB, JJ., concur. NOTES [1] §
782.04(1)(a)2, Fla.Stat....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 113316
...no "intent" to transfer. The state argues that once a defendant forms a premeditated intent to kill any human being, the law properly transfers the felonious intent to the actual object of the defendant's assault. The state relies on the wording of section 782.04(1)(a), Florida Statutes (1991), which proscribes the killing of any human being and not merely the killing of the person intended....
...Second degree murder is defined as [t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life although without any premeditated design to effect to the death of any particular individual.... § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 936
...State,
436 So.2d 44 (Fla. 1983). But the robbery crime charged in Count 2 is armed robbery (Williams used a deadly weapon, a knife), a crime which is not the same as the underlying felony (simple robbery) required to prove the felony murder charge in Count 1. Under Section
782.04(1)(a)2d, first degree felony murder requires only simple robbery as the underlying felony....
CopyCited 2 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 29734, 2005 WL 2406040
...Jennings' detriment, that is, that it was more onerous than the law in effect when he committed the crime. If the change was merely procedural, however, no violation will be found. Statutory Background. As of May 11, 1979, premeditated murder constituted a first-degree murder and was a capital felony under Florida law. See § 782.04(1)(a)....
...[25] The 1977 version of the relevant portion of each of the three statutes discussed here was in effect as of May 11, 1979. Two of the statutes had been amended prior to the murder. One amendment was irrelevant to the issues at hand. See Ch. 79-400 (amending § 782.04)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1988 WL 122435
...The first departure ground relied upon by the trial court was the "savage nature" of the killing. The statutory definition of second degree murder includes "any act imminently dangerous to another and evincing a depraved mind regardless of human life, ... ." § 782.04(2), Florida Statutes (1987)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...ow of evil?" Shakespeare, Merchant of Venice, Act. III, Scene II, Line 74. McCauley was charged with second degree murder, defined as killing another "by any act imminently dangerous to another and evincing a depraved mind regardless of human life." § 782.04(2), Fla....
...The defendant, Johnny Tyrone McCauley, was arrested on October 22, 1979, as the result of shooting and killing one William "Skit" Johnson shortly after midnight on that date. The state filed an information charging that McCauley "did, in violation of Florida Statute 782.04, by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, ......
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...rable to the state, as we must on this appeal, it is plain that the trial court committed no error in denying the defense motion for a judgment of acquittal below. Lynch v. State,
293 So.2d 44 (Fla. 1974); Huntley v. State,
66 So.2d 504 (Fla. 1953); §
782.04(2), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...With reference to second degree murder the charged stated: "Murder in the second degree is punishable by a maximum of 30 years in the state penitentiary." Section
775.082(4)(b) Fla. Stat., F.S.A. provides that the penalty for a felony of the first degree (which murder in the second degree comprises, according to §
782.04(2) Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 283691
...sentencing. *988 Even though the option provision was officially approved on June 17, 1993, it was just as officially deleted before it ever became effective. Therefore, section 921.001(4)(b) was never legally amended to grant the option. NOTES [1] §
782.04, Fla.Stat. (1993); §
777.04(1), Fla. Stat. (1991). [2] §
787.01(1)(a), Fla.Stat. (1991); §
775.087, Fla.Stat. (1993). [3] §
794.011, Fla.Stat (Supp.1992); §
777.04(1), Fla.Stat. (1991). [4] §
782.04, Fla.Stat....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 282354
...supported Andreu's conviction. In order to sustain a conviction for attempted second degree murder, the state must prove that the defendant committed an "act imminently dangerous to another and evincing a depraved mind regardless of human life...." § 782.04(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 52825
...Third degree murder is defined in Florida as (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than [those specified in Section 782.04(1)(a)2.]... . Section 782.04(4), Florida Statutes (1985)....
...held responsible for their co-felon's fatally shooting a police officer in the course of the co-felon's attempt to avoid apprehension. As in the subject case, the defendants (Amaro, Rodriguez and Villegas) were charged with third degree murder under Section 782.04(4)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 21074710
...ials attached to the motion that the defendant is not entitled to any relief. The charge of second degree murder, to which the defendant pled guilty, is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. § 782.04, Fla....
...e. The second charge to which the defendant pled guilty was attempted first degree murder. It is clear from the materials the defendant has submitted that the charge was attempted first degree murder with a weapon. That offense is a life felony. See §
782.04(1),
777.04(4)(a),
775.087(1)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 47249
...OGLETREE, on December 25, 1985, at and in Escambia County, Florida, did unlawfully from a premeditated design to effect the death of a human being, to-wit: [victim's name], did attempt to kill and murder said [victim] by shooting a shotgun into the room in which the victim was present, in violation of Sections
777.04,
782.04 and
775.087, Florida Statutes....
...ntended unit of prosecution vague. Bell v. United States,
349 U.S. 81,
75 S.Ct. 620,
99 L.Ed. 905 (1955). Appellant argues that in this case the charges at issue are a combination of the attempt statute, section
777.04, [2] and the homicide statute, section
782.04, [3] and because neither statute explicitly defines the act or combination of acts which constitute a single violation of law, the rule of lenity should be applied....
...ory provision has been said to effectively codify the rule of lenity recognized in criminal law. Carawan v. State,
515 So.2d 161 (Fla. 1987). We also note that had appellant been charged under the burglary section of the first degree murder statute, §
782.04(1)(a) 2 e, the unit of prosecution would have been the act of burglary itself, so that the firing of a single shot in the direction of nine people would have been a single offense, not nine separate offenses. See Ladner, supra . But appellant was charged and convicted under §
782.04(1)(a) 1, defining premeditated murder, which requires a premeditated intent to kill or harm a particular individual....
...State,
476 So.2d 158 (Fla. 1985). AFFIRMED. WIGGINTON, J., concurs. BOOTH, J., concurs specially with written opinion. BOOTH, Judge, specially concurring. I agree in the result of this decision and would affirm the convictions and sentences. NOTES [1] Section
782.04, Florida Statutes (1985), provides in pertinent part: (1)(a) The unlawful killing of a human being: 1....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6666, 2011 WL 1775046
...Flint reached for something in his waistband. Marlow did not know what Flint was about to do, so he ducked in his car. His SUV went off the pavement and ran into bumpy ground, striking Flint and killing him. A jury found Dean guilty of burglary and second degree felony murder. As defined by section 782.04(3), Florida Statutes (2005), second degree felony murder occurs [w]hen a person is killed in the perpetration of, or in the attempt to perpetrate, any ......
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1988 WL 44474
...Perez appeals from an order of the trial court denying his motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's order upon a finding that the sentence imposed was proper. Perez was charged with second-degree murder in violation of section 782.04, Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 2523, 2010 WL 711786
...witness, Will Catis, after the State inquired as to whether Catis was worried about testifying. The former statement went to Lumsdon's state of mind, that is, whether he acted with the intent necessary for a conviction for second degree murder. See § 782.04(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 124657
...City, for Appellee/Cross-Appellant. PATTERSON, Judge. On August 26, 1994, the state charged Kawana Ashley in a two-count information with manslaughter, contrary to section
782.07, Florida Statutes (1993), and third-degree felony murder, contrary to section
782.04(4), Florida Statutes (1993), both offenses arising from the death of her infant daughter, Brittany Ashley....
...If so, may the predicate felony for the offense of third-degree murder be abortion or attempted abortion? THIRD-DEGREE FELONY MURDER Third-degree felony murder is the unlawful killing of a human being by a person engaged in the perpetration of, or in the attempt to perpetrate any felony other than those enumerated in section 782.04(4), Florida Statutes (1993)....
...lf in the stomach area, with a firearm, thereby inflicting upon Brittany Ashley, a human being, mortal wounds, of which said mortal wounds, and by the means aforesaid and as a direct result thereof, the said Brittany Ashley died; contrary to Chapter 782.04(4), Florida Statutes, and against the peace and dignity of the State of Florida....
...hurt the baby); and 2. which act was not: a. justifiable homicide under either section
782.02, Florida Statutes (1993), or chapter 766, Florida Statutes; b. excusable homicide under section
782.03, Florida Statutes (1993) (accident); c. murder under section
782.04, Florida Statutes (1993); or d....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 432471
...At issue in this case is the portion of the information that charges Moran with the crime of First Degree Murder, but neither cites the applicable statute nor properly charges all the elements of First Degree Murder. Missing from the information is the statutory citation to Florida Statutes section 782.04 and any reference to the element of premeditation....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 8201, 2010 WL 2292047
...on appeal." Hartman v. State,
728 So.2d 782, 784 (Fla. 4th DCA 1999) (citation omitted). The unlawful killing of a human being when perpetrated from a "premeditated design to effect the death of the *907 person killed" is murder in the first degree. §
782.04(1)(a)1., Fla....
CopyCited 2 times | Published | District Court of Appeal of Florida
State,
394 So. 2d 544, 545 (Fla. 5th DCA 1981); §
782.04, Fla. Stat. (2013). An act is imminently dangerous
CopyCited 2 times | Published | District Court of Appeal of Florida
life. Fla. Std. Crim. Jury Instr. (Crim.) 7.4; §
782.04(2), Fla. Stat. (2014). For second degree murder
CopyCited 2 times | Published | District Court of Appeal of Florida
also classifies that crime as a capital felony. §
782.04(1)(a), Fla. Stat. (2016). The Florida Criminal
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
the death of the person killed....” Fla. Stat. §
782.04(1)(a)(1). And “[a] person who attempts to commit
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 1497008
...Bailey is not entitled to this relief; the prosecuting authority has the discretion to determine what level of offense is to be charged, and because the offense was amended to a first degree felony prior to entry of the plea, that was the offense to which Bailey pled. First degree murder is a capital felony, see § 782.04(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1538
...The state, however, persuaded the trial court to allow the case to go to the jury on the charge of second-degree felony murder in spite of the judgment of acquittal of first-degree murder as charged in the indictment. The jury found appellee guilty of second-degree felony-murder under section 782.04, Florida Statutes (1985)....
...Appellee argues that since he and his cofelons were charged as principals in the indictment, he could not be found guilty of second-degree felony murder under the charging indictment. *1373 In Lowery the supreme court addressed this court's interpretation of section 782.04(3) in Hite v....
...en present at the scene of the crime, the supreme court affirmed that portion of Hite which held that the killing must have been committed by someone other than the defendant or one of his cofelons. Application to the instant case of the language of section 782.04(3) [1] and that portion of Hite affirmed by the supreme court in Lowery, leads us to the conclusion that the trial court properly entered the order in arrest of judgment....
...he supreme court because in Lowery the defendant's conviction for second-degree felony murder was affirmed despite the fact that the murder was apparently committed by the defendant's cofelon. We certify the following question: IS A CONVICTION UNDER SECTION 782.04, FLORIDA STATUTES, THE SECOND-DEGREE FELONY MURDER SECTION, LIMITED TO THOSE SITUATIONS WHERE THE PERSON WHO ACTUALLY KILLS THE INNOCENT VICTIM IS NOT ONE OF THE PRINCIPALS IN THE COMMISSION OF THE FELONY, BUT RATHER SOMEONE ELSE, SUCH AS A BYSTANDER OR LAW ENFORCEMENT OFFICER. Affirmed. GRIMES, A.C.J., and RYDER, J., concur. NOTES [1] Section 782.04(3), Florida Statutes (1985), states in relevant part as follows: When a person is killed in the perpetration of, or in the attempt to perpetrate, any: ......
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ght. " [Emphasis supplied.] Appellant presents three arguments in support of reversal: 1) the evidence did not establish commission of a felony (possession of hallucinogenic drugs) in order to sustain a conviction for third degree murder pursuant to § 782.04, Fla....
...Therefore, for the reasons and upon the authorities cited, the judgment appealed from is hereby affirmed. Affirmed. NOTES [1] At the trial, defense counsel stipulated that the appellant had taken and was under the influence of a hallucinogen at the time of the act. [2] Fla. Stat., § 782.04, F.S.A., provides, in part: "Murder "(1) The unlawful killing of a human being ......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...Kotler, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Carol Denise Miller and Eugene Hearns appeal from their convictions of aggravated child abuse in violation of Section
827.03, Florida Statutes (1977), and third-degree felony murder in violation of Section
782.04(4), Florida Statutes (1977)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 160331
...2d DCA 2002) (certifying the following question as a matter of great public importance: "Is it fundamental error for a trial court to omit instructions on excusable and justifiable homicide when a defendant is charged and convicted of drug-distribution, first-degree murder under section 782.04(1)(a)(3), Florida Statutes (1999), and the factual circumstances do not support any jury argument relying upon the excusable or justifiable homicide instructions?" (Capitalized in original.))....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 140, 2009 WL 56030
...NOTES [1] The felony murder statute provides that any "unlawful killing of a human being[,] ... [w]hen committed by a person engaged in the perpetration of, or in the attempt to perpetrate," among other things, robbery, constitutes first degree murder, the capital felony of which appellant stands convicted. § 782.04(1)(a)2., Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 105, 2005 Fla. LEXIS 265
Statutes (2004), which defines attempt, and section
782.04(2), Florida Statutes (2004), which defines
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1989 WL 11250
...ppeal except as to the count of second-degree felony murder, which count, conviction and resulting sentence we reverse. In order for this conviction to stand it would have to meet the terms and definitions of the second-degree felony murder statute, section 782.04(3), Florida Statutes (1985)....
...Oliver,
490 So.2d 1372 (Fla.2d DCA), cause dismissed,
496 So.2d 143 (Fla. 1986), but certified the same question which it had previously certified in Oliver and the same question with which this court is presently concerned. The Second District again questioned whether a conviction under section
782.04(3), Florida Statutes, the second-degree felony murder section, is limited to only those situations where the person who actually kills the innocent victim is not one of the principals in the commission of the felony, such as a bystander or law enforcement officer, but rather someone else....
...The supreme court answered the certified question in the affirmative after an in-depth examination of the caselaw and the confusion which has surrounded this topic. The supreme court concluded, [I]t is apparent from a plain reading of the statute, as amended, that the offense defined in section 782.04(3), Florida Statutes (1975 and thereafter) requires that the killing be performed by a nonprincipal....
...Consequently, having objected to the lesser included instruction, respondent may not be convicted of second-degree felony murder. We summarize our holdings as follows. First, section
777.011 is controlling and a principal does not have to be at the scene of the crime. Second, second-degree felony murder as defined in section
782.04(3) requires that the killing be done by a nonprincipal....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 37339
...While we agree that it was error to score the 1966 conviction for second degree murder as a life felony, we do not agree with the defendant that it should have been scored as a third degree felony. In 1966, second degree murder was punishable by life imprisonment or not less than 20 years. Section
782.04, Fla. Stat. (1966). Presently, second degree murder is a first degree felony punishable by life or a term not exceeding 30 years in prison. Section
782.04(2) and section
775.082(3)(b), Fla....
...It was the equivalent of the present crime of second degree murder, a first degree felony. We therefore reverse and remand for resentencing with the score sheet corrected to reflect that the 1966 conviction is scored as a first degree felony. Affirmed in part, reversed in part. HERSEY, STONE and KLEIN, JJ., concur. NOTES [1] Section 782.04(2), Fla....
CopyCited 2 times | Published | Supreme Court of Florida
...e murder
conviction. A defendant is guilty of first-degree felony murder if a person is killed
- 36 -
when the defendant is “engaged in the perpetration of, or in the attempt to
perpetrate” a robbery. § 782.04(1)(a)(2)(d), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Pinder,
375 So.2d 836, 839 (Fla. 1979), the court announced this rule: ... [W]here premeditated murder is charged, but the only evidence to sustain the murder conviction is furnished by proof that the killing occurred as the result of one of the felonies enumerated in section
782.04(1), we hold that the defendant may not be convicted and punished for both the felony murder and the underlying felony....
CopyCited 2 times | Published | District Court, S.D. Florida | 25 Wage & Hour Cas.2d (BNA) 891, 2013 WL 6834657, 2013 U.S. Dist. LEXIS 179595
(quoting Opelika, 299 F.2d at 43); see also 29 C.F.R. § 782.4(a). This Court recognizes that the class of employees
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2254517
...In contrast, an on-the-spot instruction formulated by a lone trial judge in the midst of a live proceeding has none of these safeguards and may prove lacking when placed under the microscope of appellate review. [3] Second-degree murder is defined in section 782.04(2), Florida Statutes (1997) as: The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effec...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 497175
...n any relevant maximum sentence limitations provided in section
775.082. Here, Taylor's thirty year departure sentence for a first degree felony for second degree murder was within the maximum statutory sentence. §
775.082(3)(b), Fla. Stat. (1993); §
782.04(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13053, 2011 WL 3659458
...White-Small, Special Assistant Public Defenders, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. A jury convicted Stephen Colletti of third-degree felony murder. See § 782.04(4), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...In Woodson and Rodriguez, the court applied the same rule to a case involving life felonies. Here, Kosek was convicted of murder in the second degree which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in sections
775.082,
775.083 or
775.084. §
782.04(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 1785872
...That results in a guidelines maximum range of 181.25 months or 15.1 years incarceration. The 15 year prison sentence Perez received is therefore legal. AFFIRMED; REMANDED for Correction of Scoresheet. THOMPSON, C.J., and ORFINGER, J., concur. NOTES [1] § 782.04(1)(a)(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 417331
...offense. However, for the reasons discussed below, we hold that Smith is not binding. The state argues that attempted second degree murder with a firearm is a first degree felony punishable as a level 8 offense. We agree. Second degree murder under section 782.04(2) is ranked as a level 10 offense under section 921.0012, Florida *525 Statutes (Supp.1994)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 906171
...stifiable and excusable homicide jury instructions is not per se fundamental error in all murder cases. Pena v. State,
901 So.2d 781,
2005 WL 425408 (Fla. Feb. 24, 2005). In Pena, the defendant was charged with first degree drug distribution murder. §
782.04(1)(a)(3), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 5361, 2011 WL 1431533
...5th DCA 1997). The trial court imposed a legal sentence following Appellant's violation of probation and he is entitled to no relief regarding his original sentence. Accordingly, we affirm. AFFIRMED. MONACO, C.J., GRIFFIN and COHEN, JJ., concur. NOTES [1] § 782.04(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4863, 2010 WL 1444885
...erdale, Clowers said to Coleman, "Didn't I tell you I was going to kill her?" The State formally charged Clowers with first-degree murder, accomplished by discharge of a firearm resulting in "death or great bodily harm," in contravention of sections
782.04(1)(a) and
775.087(1) and (2), Florida Statutes....
...and during the course of the commission of the felony such person discharged a `firearm' or `destructive device' . . . and, as the result of the discharge, death or great bodily harm was inflicted upon any person. . . . Appellant, of course, stood convicted of a capital felony under section 782.04(1)(a), the only penalty for which, short of death, is a minimum mandatory term of life in prison....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 72037
...We agree and reverse, concluding that the split sentence exceeds the maximum period of incarceration provided by law. Murder in the second degree is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. See § 782.04(2), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...The evidence, therefore, was sufficient to find that the appellant was a principal of the second degree, constructively present aiding and abetting the commission of the crime of robbery. This conclusion supports the verdicts of murder in the first degree on the basis of the felony murder portion of section 782.04(1)(a)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 2547338
...The jury was also instructed on the underlying felony of aggravated assault. In imposing sentence, the court stated that it was imposing the thirty year sentence as mandatory under section
775.087(2), Florida Statutes, (10-20-life law) for a first-degree felony. Florida Statutes Section
782.04, Murder, provides, in pertinent part: (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than . . . is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. §
782.04(4), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1999 WL 729111
...However, as the state correctly concedes, this cause must be remanded with directions that the sentencing order be corrected to reflect that appellant was convicted under count II of the indictment for violation of sections
777.04(1) and
775.087, Florida Statutes (1995) rather than section
782.04(2), Florida Statutes (1995)....
CopyCited 1 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 612, 2015 Fla. LEXIS 2231, 2015 WL 5853918
...withdrawals and purchases made on the day of and on the days following the
crime.
- 28 -
There is also competent, substantial evidence to support the conviction of
first-degree felony murder. Felony murder is defined in section 782.04(1)(a)2.d.,
Florida Statutes (2008), which states:
[T]he unlawful killing of a human being ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 3118915
...cial interrogatory verdict finding that during commission of the crime Burton "carried, displayed, used, threatened to use, or attempted to use a firearm." At the time, attempted second degree murder was classified as a second degree felony. [1] See § 782.04(2), Fla....
...Because the State does not challenge the trial court's basis for granting Burton's 3.800(a) motion, we affirm the new sentence. AFFIRMED. PALMER, C.J., and PLEUS, J., concur. NOTES [1] Attempted second degree murder is still classified as a second degree felony today. See § 782.04(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2932820
...Cases,
962 So.2d 310 (Fla.2007) (adding instructions for sections
782.051(1) and (3), and expressly providing that neither section includes lesser offenses); In re Std. Jury Instr. in Crim. Cases,
639 So.2d 602 (Fla. 1994) (omitting listing lesser included offenses for third-degree attempted felony murder pursuant to section
782.04(1)(a)); In re Std. Jury Instr. in Crim. Cases, 636 *
464 So.2d 502 (Fla.1994) (omitting lesser included offenses for first-degree attempted felony murder pursuant to section
782.04(1)(a))....
CopyCited 1 times | Published | Supreme Court of Florida | 1992 WL 251397
...nt. Applying the guidelines to this context would serve no purpose. The same is not true in the present case. Here, Hayles committed a solicitation in violation of section
777.04(2), Florida Statutes. Strictly speaking, he committed no offense under section
782.04(1)(a)....
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 708, 2014 Fla. LEXIS 3439, 2014 WL 6474838
...Stat.
(stating that any defendant found guilty of attempted felony murder “commits a
felony of the first degree”); §
777.04(4)(c), Fla. Stat. (2006) (stating that if an
“offense attempted . . . [is] a felony of the first degree . . . the offense of criminal
attempt . . . is a felony of the second degree”); §
782.04(2), Fla....
...t could, but
does not, cause the death of another.” Id. Thus, at the time the crimes occurred in
this case, section
782.051(1) provided as follows:
Any person who perpetrates or attempts to perpetrate any
felony enumerated in s.
782.04(3) and who commits, aids, or abets an
intentional act that is not an essential element of the felony and that
could, but does not, cause the death of another commits a felony of
the first degree, punishable by imprisonment for a term of years not
exceeding life, or as provided in s....
...775.083, or s.
775.084,
which is an offense ranked in level 9 of the Criminal Punishment
Code. Victim injury points shall be scored under this subsection.
-7-
§
782.051(1), Fla. Stat. (2006).
Section
782.04(3) then enumerated the felonies upon which attempted
felony murder could be predicated....
...such as robbery, burglary, kidnapping, and carjacking that are more readily
distinguishable from the charged attempted felony murder and for which the
“intentional act” element may be more easily satisfied than when murder
constitutes the underlying felony. § 782.04(3), Fla. Stat. (2006).
However, the Legislature also included, as a potential underlying felony,
“[m]urder of another human being.” § 782.04(3)(o), Fla....
...underlying attempted murder. See §
782.051(1), Fla. Stat.
Relying on this statutory scheme, the State in this case charged Milton with
three counts of attempted felony murder, with attempted second-degree murder as
the underlying felony in accordance with section
782.04(3)(o)....
...cited to
the incorrect statutes. Attempted felony murder is governed by section
782.051(1),
Florida Statutes. However, although naming attempted felony murder as the
pertinent crime, the Third District erroneously cited to sections
777.04(1) and
782.04(2), Florida Statutes (2006), which govern attempted second-degree
murder—a crime that was the underlying felony but with which Milton was not
charged....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22681373
...h the information alleged that he used a weapon during the attempted first-degree murder." On remand, the trial court again denied Mr. Harvey's claim and attached the information to its order denying relief. The information, citing the language from section 782.04(2), alleged that Mr....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...It is inapplicable where legislative intent is clear in respect to the issue of multiple punishments. Rotenberry v. State,
468 So.2d 971 (Fla. 1985). *770 We believe that first-degree felony murder is one crime in Florida, and is based on only one criminal statute which contemplates one punishment. See §
782.04(1)(a), Fla....
...Bartee analysis. The state contends that our decision in the instant case is in conflict with our decision in Gordon v. State,
457 So.2d 1095 (Fla. 5th DCA 1984), wherein we determined that, based on a Blockburger analysis, second-degree murder, per section
782.04(2), and D.W.I....
...1980); Phillips v. State,
289 So.2d 769 (Fla. 2d DCA 1974). [1] Nothing was said in the jury instructions about the fact that felony murder may be predicated upon the attempt to perpetrate, as well as the perpetration of, the underlying felony. See §
782.04(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 1175922
...As to each count, the trial court "ordered that the LIFE minimum imprisonment provision of section
775.087, Florida Statutes, is hereby imposed for the sentence specified in this count." The trial court did not err in imposing life sentences for first degree murder, which is a capital felony, see §
782.04(1), Fla....
...(1999) ("If in the course of committing the carjacking the offender carried a firearm... then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment."). While the mandatory minimum life sentence was required for first degree murder, see § 782.04(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 255338
...nt was, in fact, intoxicated. The defendant's vague self-serving statements that he had been drinking on the day of the murder in no way constitute evidence of intoxication. Accordingly, we affirm. AFFIRMED. COBB and THOMPSON, JJ., concur. NOTES [1] § 782.04(1)(a)1, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 31 Fla. L. Weekly Fed. D 722
...3d DCA 1981)(same); McCray,
397 So.2d at 1230 n. 3. Accordingly, the order under review is reversed with directions to enter a judgment on the jury verdict for first degree murder and for appropriate sentencing thereafter. Reversed and remanded. NOTES [1] Section
782.04(1)(a), Florida Statutes (2001), provides: The unlawful killing of a human being: * * * 2....
CopyCited 1 times | Published | District Court, S.D. Florida | 2011 WL 845884
...phase and that the Louisiana scheme therefore met the constitutional requirements. The Florida legislature has defined capital offenses broadly, authorizing the imposition of a sentence of death on those convicted of first-degree murder. Fla. Stat. § 782.04(1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1995 WL 119077
...e of the plea. Stano v. State,
520 So.2d 278 (Fla. 1988); Elledge v. State,
432 So.2d 35 (Fla. 1983); Robinson v. State,
373 So.2d 898 (Fla. 1979). Appellant's sentence is a legal sentence. Appellant plead guilty to a life felony, which, pursuant to §
782.04, Florida Statutes, was punishable by a term of years not exceeding forty years or life imprisonment....
CopyCited 1 times | Published | District Court of Appeal of Florida
individual, is murder in the second degree . . . .” §
782.04(2), Fla. Stat. (2016). “In the context of second-degree
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 726810
...idence of a struggle; and a pause before the shots were fired, which would have enabled appellant to be conscious of his actions. The evidence *1275 is sufficient to sustain appellant's conviction for first degree premeditated murder in violation of section 782.04(1)(a)(1), Florida Statutes (1995)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1992 WL 143614
...(§§
777.03, Fla. Stat.;
812.13(1) and (2)(a), Fla. Stat.) Thereafter the defendant's counsel agreed to the State's motion for the trial court to vacate that plea in order for, or to permit, the defendant to be charged as a principal to first degree murder (§
782.04(1)(a)1 and/or §
777.011, Fla....
...NOTES [1] §
777.03 and §
812.13(1) and (2)(a), Fla. Stat. (1989). [2] The colloquy between defense counsel and the trial court indicates the following: THE COURT: You're asking me to vacate the plea and set it aside? [DEFENSE COUNSEL]: Yes, sir. THE COURT: Granted... . [3] §
782.04(1)(a)1 and/or §
777.011, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Even if the others with her were the ones who physically killed the victim, she is equally guilty as a matter of law. See Section
777.011, Florida Statutes (1975). In addition, the liability for first degree murder extends to all co-felons who are present during the perpetration of a robbery or burglary. See Section
782.04(1)(a), Florida Statutes (1975); State v....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3081313, 2012 U.S. App. LEXIS 15806
...District of Florida for a writ of habeas corpus5 to set aside his convictions and
sentences. The District Court denied the writ as to his convictions but granted the
writ as to his death sentence on the ground that he had been denied his Sixth and
1
Fla. Stat. § 782.04 (1982).
2
Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 284957
...entence him. Canales,
571 So.2d at 88. Therefore, because Richardson's sentence was not affected by the amendment, the conviction and sentence is affirmed. Baxter,
616 So.2d 47; Johnson,
616 So.2d 1. HARRIS, C.J., and PETERSON, J., concur. NOTES [1] §
782.04(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1005261
...being, to-wit: Robert Lawrence Bryan, while engaged in the perpetration of or in an attempt to perpetrate the crime of armed burglary and/or armed robbery, contrary to the form of the statute in such cases made and provided, to-wit: Florida Statute 782.04(1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 59, 2009 WL 30136
...). We therefore remand with instructions to clarify and correct Bryant's 1979 judgment and sentence to reflect a conviction for Count 1 of second degree murder, and that this is a first degree felony punishable by a term of years not exceeding life. § 782.04, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 108, 2017 Fla. LEXIS 232
premeditated murder and felony-murder theories. See §
782.04, Fla. Stat. (2008). The jury found Wood guilty
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 34809
...the defendant's guilt." Id. at 1098. On appeal, a trial court's ruling on a motion for judgment of acquittal is subject to de novo review. Davis v. State,
918 So.2d 379, 381 (Fla. 4th DCA 2005) (citing Pagan v. State,
830 So.2d 792, 803 (Fla.2002)). Section
782.04(1)(a)2, Florida Statutes, defines felony murder as "[t]he unlawful killing of a human being ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1989 WL 2800
...For the foregoing reasons, I concur with an affirmance of the trial court's dismissal. It is ironic, however, that a charge of the greater crime of attempted second degree murder arguably could have been sustained since second degree murder does not require any specific intent to kill another person. See § 782.04(2), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1994 WL 10789
...ered his sentence to be one to which the guidelines did not apply.
559 So.2d at 206. Accordingly, Cook must be resentenced within the guidelines. Finally, we agree that the clerically erroneous reference in the formal adjudication to Florida Statute §
782.04 (first degree murder) should be corrected on remand to refer to the manslaughter statute, Florida Statute §
782.07....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1988 WL 975
...ich convictions were not obtained, Scurry v. State,
489 So.2d 25, 29 (Fla. 1986); Fla.R.Crim.P. 3.701(d)(11), i.e., aspects of a higher degree of homicide, with a premeditated design to effect death, or with a depraved mind regardless of human life, §
782.04(1)(a)1., (2), Fla....
...Reason number 4 is a factor relating to the offense for which convictions were not obtained. For the reasons stated the convictions are affirmed, the sentence is reversed in part as discussed above, and the cause remanded for sentencing within the guidelines. Affirmed in part, reversed in part and remanded. NOTES [1] 782.04 [Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 21327
...acts supporting them are proven beyond a reasonable doubt. Lerma v. State,
497 So.2d 736 (Fla. 1986); Carnegie v. State,
498 So.2d 1020 (Fla. 2d DCA 1986). In this case a calculated design is not an inherent component of murder of the second degree. Section
782.04(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 264107
...ct. See Chamberlain v. State,
881 So.2d 1087, 1104 (Fla.2004). The unlawful killing of a human being is murder in the first degree "[w]hen perpetrated from a premeditated design to *1174 effect the death of the person killed or any human being." See §
782.04(1)(a), Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...Accordingly, the judgment and sentence against appellant Keaton is reversed and the cause is remanded to the Circuit Court in and for Leon County for new trial. It is so ordered. CARLTON, C.J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur. NOTES [1] Fla. Stat. § 919.23(2); Fla. Stat. § 782.04(1), F.S.A....
CopyCited 1 times | Published | District Court of Appeal of Florida
the death of any particular individual, * * * Section
782.04, Florida Statutes, F.S.A. The phrase “evincing
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 25 Fla. L. Weekly Fed. D 415
...(1999). Count I of the information charged the defendant with a felony causing bodily injury, contrary to section
782.051(1), Florida Statutes (Supp.1996), which provides: Any person who perpetrates or attempts to perpetrate any felony enumerated in s.
782.04(3) and who commits, aids, or abets an act that causes bodily injury to another commits a felony of the first degree.... Sections
782.04(3)(d) & (e) identify the crimes of robbery and burglary, such that they are felonies falling under the umbrella of section
782.051(1). Count II of the information charged the defendant with attempted second degree murder contrary to sections
777.04 and
782.04(2), Florida Statutes (1995). Section
777.04(1) criminalizes an attempt "to commit an offense prohibited by law." Section
782.04(2) defines second degree murder as, [t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 1358, 2010 WL 445938
...sentence imposed by the trial court exceeded the statutory maximum. However, we disagree that the maximum sentence that could be imposed in Count III is thirty years, as Jordan contends. Attempted first degree murder with a firearm is a life felony. Section
782.04(1)(a) provides that first degree murder "constitutes a capital felony." Section
777.04 provides that if the attempted crime is a capital felony, "the person convicted is guilty of a felony *931 of the first degree." Based on the use of...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1987 WL 2032
...e defendant in both instances is more reprehensible than other homicides or attempts because of the utter ruthlessness and lack of justification implicit in killing to eliminate a witness. AFFIRMED. UPCHURCH, C.J., and DAUKSCH, J., concur. NOTES [1] § 782.04(2), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3536335
...permissible in Traylor v. State,
785 So.2d 1179 (Fla.2000). He requests relief under Traylor. In reality, the offense of second degree murder is "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. . . ." §
782.04(2)(3), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 20045, 2009 WL 4928027
...that the charge was second degree murder. As quoted in Watkins' brief, the defendant was charged with attempted second degree murder by "repeatedly striking the head of Chenita Bradham against a tile and/or concrete floor, in violation of
777.04 and
782.04, Fla....
...dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill FRANCES GROVER, a human being, by PUNCHING HIM IN THE FACE, in violation of section 782.04(2), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida
the death of the person killed ...." Fla. Stat. §
782.04(1)(a)(1). "A person who attempts to commit an
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 2923049
...Murder, for example, is listed as one of the qualifying offenses. There are, of course, several degrees of murder and a number of different methods of committing that crime set forth in the statutes, yet the PRR Act does not differentiate, for example, between second and third degree murder. See § 782.04, Florida Statutes (2003)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 148349
...,000 and $3,500 and some "document" signed by Bigloo. [2] Some such crimes requiring a specific intent are: attempts, with intent to commit other crimes (section
777.04(1), Florida Statutes); killings, with a premeditated design to effect the death (section
782.04(1)(a)1., Florida Statutes); assaults with a specific prohibited intent (section
784.021(1)(b), Florida Statutes); kidnapping with a specific prohibited intent (section
787.01(1)(a), Florida Statutes); burglary (section
810.02(1), Flori...
CopyCited 1 times | Published | Supreme Court of Florida
is guilty of murder in the second degree .... §
782.04(3), Fla. Stat. (2004). Pursuant to the statute
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1995 WL 511480
...(Supp. 1980). But it is not clear why the judgment designates his crime a life felony, or that this designation is correct. The plea agreement states that the negotiated sentence is for "Murder II." The judgment bears an "offense statute number" of 782.04(2). Section 782.04(2), Florida Statutes (Supp....
...1980), proscribes murder in the second degree, a "felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s.
775.084." "[A]uthorization of imprisonment for `a term of years not exceeding life' under §
782.04(2) does not reasonably support classification of the offense as a life felony for Chapter 958 purposes......
CopyCited 1 times | Published | Supreme Court of Florida
to homicide offenses, which are defined in section
782.04, Florida Statutes (2015), and nonhomicide offenses
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1905898
...death of any particular individual, attempt to kill and murder, a human being, by pointing a firearm in Lorene Whyte's direction and firing, and in the course thereof, DAVID ALEXANDER WHYTE did discharge said firearm, in violation of Florida Statute
782.04(2),
777.04(1),
775.087(1) and
775.087(2)(a)(2)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1996 WL 454785
...tatute, it seems to us that, to charge the offense of attempted murder of a law enforcement officer, one must allege in the information all of the elements set out in section
784.07(3) and the elements of first-degree premeditated murder pursuant to section
782.04(1)(a)1, Florida Statutes....
CopyCited 1 times | Published | District Court of Appeal of Florida
indicted by the Grand Jury and charged,, under §
782.04, Fla.Stat., F.S.A., with the commission of a homicide
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 1213714
...m pretrial release. We sua sponte consolidate the cases for purposes of this opinion and, for the reasons set forth below, deny the petitions. The petitioners are charged with second-degree murder, an offense punishable by life in prison pursuant to section 782.04(2), Florida Statutes (2006)....
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 1622183
...ion of
Criminal Defense Lawyers
-5-
APPENDIX
6.2 ATTEMPTED MURDER — FIRST DEGREE
(PREMEDITATED)
§§
782.04(1)(a) and
777.04, Fla....
...protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
Lesser Included Offenses
ATTEMPTED FIRST DEGREE (PREMEDITATED) MURDER —
782.04(1) and
777.04
CATEGORY ONE CATEGORY TWO FLA. STAT. INS.
NO.
Attempted second
782.04(2) and 6.4
degree (depraved
777.04
mind) murder
Attempted voluntary
782.07 and 6.6
manslaughter by act
777.04
Aggravated assault
784.021...
...Assault
784.011 8.1
Comment
Section
782.051(1), Fla. Stat., applies where the defendant is alleged to have
committed or attempted to commit a felony enumerated in section
782.04(3).
Section
782.051(2), Fla. Stat., applies where the defendant is alleged to have
committed or attempted to commit a felony not enumerated in section
782.04(3),
Fla....
...NO.
None
Attempted Manslaughter
782.07 & 6.6
by Act
777.04
Comment
Section
782.051(3), Fla. Stat., applies only where the defendant was
committing or attempting to commit a felony enumerated in section
782.04(3).
Regarding the enhanced penalty under Fla....
...victim’s status is an element under Fla. Stat. §
782.065.
This instruction was adopted in 2007 [
962 So. 2d 310] and amended in 2014.
- 18 -
6.4 ATTEMPTED SECOND DEGREE MURDER
§§
782.04(2) and
777.04, Fla._Stat.
To prove the crime of Attempted Second Degree Murder, the State must
prove the following two elements beyond a reasonable doubt:
1....
...rpose of providing supervision,
protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
Lesser Included Offenses
ATTEMPTED SECOND DEGREE MURDER —
782.04(2) and
777.04
CATEGORY ONE CATEGORY TWO FLA....
...victim’s status is an element under Fla. Stat. §
782.065.
This instruction was adopted in 1994 and amended in 1997 [
697 So. 2d 84]
and 2014.
- 23 -
7.2 MURDER — FIRST DEGREE
§
782.04(1)(a), Fla....
...protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
- 27 -
Lesser Included Offenses
FIRST DEGREE (PREMEDITATED) MURDER —
782.04(1)(a)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS.
NO.
Second degree
782.04(2) 7.4
(depraved mind)
murder
Manslaughter
782.07 7.7
Second degree
782.04(3) 7.5
(felony) murder
Attempted felony
782.051(1) 6.3
murder
Attempted
782.04(1) 6.2
premeditated murder
Attempted second
782.04(2) & 6.4
degree murder
777.04
Attempted felony
782.051(2) 6.3
murder
Third degree (felony)
782.04(4) 7.6
murder
Vehicular homicide
782.071 7.9
Attempted felony
782.051(3) 6.3(a)
murder
Aggravated assault
784.021 8.2
A...
...Felony battery
784.041 8.5
Culpable negligence
784.05(2) 8.9
Culpable negligence
784.05(1) 8.9
Assault
784.011 8.1
Attempted second
782.04(2) & 6.4
degree murder
777.04
- 28 -
Attempted voluntary
782.07 & 6.6
manslaughter
777.04
Comment
Regarding the enhanced penalty under Fla....
...§
782.065.
This instruction was adopted in 1981 and was amended in October 1981, and
July 1997, and 2008 [
994 So. 2d 1038], and 2014.
- 29 -
7.4 MURDER — SECOND DEGREE
§
782.04(2), Fla._Stat.
To prove the crime of Second Degree Murder, the State must prove the
following three elements beyond a reasonable doubt:
1....
...protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
- 33 -
Lesser Included Offenses
SECOND DEGREE (DEPRAVED MIND) MURDER —
782.04(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Manslaughter
782.07 7.7
Third degree (felony)
782.04(4) 7.6
murder
Vehicular homicide
782.071 7.9
(Nonhomicide lessers)
777.04(1) 5.16.4
Attempted Second
Degree Murder
Culpable negligence 78...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 81079
...icate *432 upon which the court could base the reclassification and the enhanced sentencing. The amended information charging the appellant stated that the offense he committed was ATTEMPTED SECOND DEGREE MURDER WITH A DEADLY WEAPON FLORIDA STATUTE: 782.04/777.04 SECOND DEGREE FELONY First The word "First" was the only word handwritten on the information....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 865831
...Although K3 and K4 may have been degraded when Dr. Eisenberg examined them, all three experts testified that they found the K2 sample matched the DNA found in the vaginal swab. The trial court did not err in denying Olvera's second motion. AFFIRMED. SAWAYA, C.J., and PALMER, J., concur. NOTES [1] § 782.04, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 188762
...ime as a seconddegree felonythat is, it did not reclassify the crimebut nevertheless enhanced Traylor's sentence. II. Attempted First-Degree Murder Conviction Traylor was charged with and convicted of attempted firstdegree murder, a violation of section 782.04(1), Florida Statutes (1995). Section 782.04(1) comprises both premeditated murder, § 782.04(1)(a)1, and felony murder, § 782.04(1)(a)2. Neither premeditated murder nor felony murder (where the underlying felony was burglary or sexual battery, as here) [2] include use of a weapon as an essential element. See § 782.04(1)(a), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
attempted second-degree murder in violation of section
782.04(2), Florida Statutes; (2) Appellant wantonly
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2175, 1987 Fla. App. LEXIS 12146
conviction for murder in the third degree under section
782.04(4), Florida Statutes (1983), was improper.
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5991
robbery is murder in the first degree. Fla.Stat. §
782.04(3) (1969), F.S.A. And one who aids and abets the
CopyPublished | Florida 2nd District Court of Appeal
of the victim with a weapon, a violation of section
782.04(1)(a), Florida Statutes (1985); one count of
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5687
second degree, merely tracked the statute (F.S. §
782.04(2), F.S.A.), in which the technical words “evincing
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 10446
reject the contention of unconstitutionality of Section
782.04(l)(a)2(h), Florida Statutes (1985). ANSTEAD
CopyPublished | District Court of Appeal of Florida
for an offender convicted of murder, under section
782.04, Florida Statutes, committed before the age
CopyPublished | Supreme Court of Florida
prove premeditation, but relied on that portion of §
782.04, Florida Statutes, F.S.A.,. which defines murder
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 10401, 12 Fla. L. Weekly 2327
the following question: IS A CONVICTION UNDER SECTION
782.04(3), FLORIDA STATUTES, THE SECOND-DEGREE FELONY
CopyPublished | District Court of Appeal of Florida
Singletary, pro se. PER CURIAM. Affirmed. See §
782.04(2), Fla. Stat. (2003); Burttram v. State, 846
CopyPublished | District Court of Appeal of Florida
891, 898 (Fla. 2002))). For instance, section
782.04(1)(a)3, Florida Statutes (2020), classifies
CopyPublished | District Court of Appeal of Florida
defendant actually cause the death of a victim. See §
782.04(3)(o), Fla. Stat. (2018) (providing that it is
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 24323
guilty of murder in the second degree. Under section
782.04(2), Florida Statutes (1981), murder in the
CopyPublished | District Court of Appeal of Florida
which are punishable by life imprisonment. See §
782.04(1), Fla. Stat. Article I, section 14, of the Florida
CopyPublished | Supreme Court of Florida
Johnson, and (3) Ricky’s death was premeditated. §
782.04(1)(a)1., Fla. Stat. (2018). The defense stipulated
CopyPublished | District Court of Appeal of Florida
someone while committing one of the crimes listed in §
782.04(1)(a)2., Florida Statutes (2013). Among these
CopyPublished | Supreme Court of Florida
...statement, but they do not undermine confidence in his first-degree murder
conviction. A defendant is guilty of first-degree felony murder if a person is killed
when the defendant is “engaged in the perpetration of, or in the attempt to
perpetrate” a robbery. § 782.04(1)(a)(2)(d), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16630
crime of second degree murder, in violation of Section
782.04(2), Florida Statutes (1975). An information
CopyPublished | Supreme Court of Florida
the verdict of murder in the first degree. Section
782.04, Florida Statutes, F.S.A., defines murder in
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15034, 2015 WL 5916851
...man life,
attempt to kill and murder Keith Thornton, a human being, by
shooting Keith Thornton, and during the commission of the
offense actually possessed a firearm, contrary to Florida
Statute
782.04(2);
777.04;
775.087(2)(a)(1).
A jury found Lewis guilty as charged of attempted second-degree murder with a firearm,
and the trial court sentenced him to twenty-five years' imprisonment with a twenty-five-
year mandatory minimum under secti...
CopyPublished | District Court of Appeal of Florida
HENDON, JJ. PER CURIAM. Affirmed. See §
782.04(2), Fla. Stat. (2008) (providing: “The unlawful
CopyPublished | District Court of Appeal of Florida
statute to sentence defendant to life in prison. See §
782.04(1)(a), Fla. Stat. (2012) (providing premeditated
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21317
to establish petitioner’s matrix time frame. Section
782.04(2), Florida Statutes, defines second degree
CopyPublished | Florida 3rd District Court of Appeal
23 degree murder is codified in section
782.04, Florida Statutes. Compare with Valdes v.
CopyPublished | Supreme Court of Florida
...withdrawals and purchases made on the day of and on the days following the
crime.
- 28 -
There is also competent, substantial evidence to support the conviction of
first-degree felony murder. Felony murder is defined in section 782.04(1)(a)2.d.,
Florida Statutes (2008), which states:
[T]he unlawful killing of a human being ....
CopyPublished | Court of Appeals for the Eleventh Circuit
second-degree murder, pursuant to Florida Statute §
782.04(2), is categorically a violent felony under the
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2415, 1985 Fla. App. LEXIS 16445
to instruct on third-degree felony murder. Section
782.04(4), Florida Statutes (1983), defines third-degree
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
Section
775.30, relating to terrorism. 5. Section
782.04, relating to murder. 6. Section
787.01, relating
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 2673753
...On appeal, the defendant argued that the verdicts were legally inconsistent and that the robbery conviction had to be vacated. The supreme court disagreed: We acknowledge that the verdicts here are inconsistent, but that fact does not lead to a conclusion that the robbery sentence must be vacated. Under Section 782.04(1)(a), Florida Statutes (1975), McCloud was necessarily guilty of felony-murder....
CopyPublished | District Court of Appeal of Florida
Criminal Procedure 3.181 and amendment of section
782.04(1)(b), Florida Statutes, “no statute or rule
CopyPublished | District Court of Appeal of Florida
Petitioner asserts that the State violated section
782.04, Fla. Stat. (2016) (pertaining to the State’s
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 16808, 2014 WL 5149098
...gree murder and fifteen
years for the other offenses. In the motion at issue, Levine contends that
the fifty year sentence on the attempted second-degree murder count is
illegal. We agree.
Attempted second-degree murder is a second degree felony.
§ 782.04(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Williams II,
83 So. 3d at 907; see also §
782.051(1), Fla. Stat. (2004) (Attempted
4
felony murder statute provides that “[a]ny person who perpetrates or attempts to
perpetrate any felony enumerated in s.
782.04(3) and who commits, aids, or abets
an intentional act that is not an essential element of the felony and that could, but
does not, cause the death of another commits a felony of the first degree,
punishable by imprisonment for a term of years not exceeding life ....
...victim does not vitiate the legally sufficient allegations in that count of attempted
felony murder under section
782.051(1), Florida Statutes (2004):
Attempted felony murder.—
(1) Any person who perpetrates or attempts to perpetrate any felony
enumerated in s.
782.04(3) and who commits, aids, or abets an
intentional act that is not an essential element of the felony and that
could, but does not, cause the death of another commits a felony of the
first degree . . . .
The attempted armed robbery charged in count 2 is a felony enumerated in
section
782.04(3), and the later act of shooting the victim in the abdomen is an
intentional act separate and distinct from that of pointing the firearm at the victim’s
head and demanding that she hand over her bag....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16451
occurred on November 13, 1974. In Florida under Section
782.04, Florida Statutes (1973), the unlawful killing
CopyPublished | District Court of Appeal of Florida
to seek the death penalty in accordance with section
782.04(1)(b), Florida Statutes (2018), and Florida
CopyPublished | Florida 2nd District Court of Appeal
800(b)(2)(B). Because Brown was convicted under section
782.04(2), Florida Statutes (2013), of an offense
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2356, 1984 Fla. App. LEXIS 15800
“evincing a depraved mind regardless of human life.” §
782.04(2), Fla.Stat. (1983). The victim, Ray McLaughlin
CopyPublished | Florida 3rd District Court of Appeal
effect the death of any particular individual.” §
782.04(2), Fla. Stat. (2024). The Florida Supreme Court
CopyPublished | District Court of Appeal of Florida
enforcement officer, a felony not enumerated in section
782.04, arising out of the same criminal act as his
CopyPublished | District Court of Appeal of Florida
(3)(a)5.a., a person who is convicted under section
782.04 and sentenced to a term of imprisonment of
CopyPublished | District Court of Appeal of Florida
the meaning of Florida’s homicide statute, section
782.04(2), Florida Statutes (2013). We reject Appellant’s
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15663
Cases read as follows: “MURDER — FIRST DEGREE F.S.
782.04(l)(a) First Murder in the first degree is Degree
CopyPublished | District Court of Appeal of Florida
Second-degree murder is a first-degree felony. §
782.04(2), Fla. Stat. (2014). The offense of criminal
CopyPublished | District Court of Appeal of Florida
statute to sentence defendant to life in prison. See §
782.04(1)(a), Fla. Stat. (2012) (providing premeditated
CopyPublished | Florida 1st District Court of Appeal
degrees of murder. They arise from the same statute, §
782.04, that criminalizes the same conduct, the unlawful
CopyPublished | District Court of Appeal of Florida
consistent with that crime’s elements as defined section
782.04(2) of the Florida Statutes (2013), we review
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 573, 2016 Fla. LEXIS 2564
elements of first-degree premeditated murder); §
782.04(1)(a) 1., Fla. Stat. (2012). According to
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2433, 1986 Fla. App. LEXIS 10692
RESENTENCING. UPCHURCH, C.J., and COBB, J., concur. . §
782.04(2), Fla.Stat. (1985).
CopyPublished | Florida 5th District Court of Appeal
human life." Fla. Std. Jury Instr. (Crim.) 6.4; §
782.04(2), Fla. Stat. (2017). An act is imminently dangerous
CopyPublished | Supreme Court of Florida
within Columbia County, contrary to Florida Statute
782.04[(1)]. Thereafter, the trial court accepted
CopyPublished | Supreme Court of Florida
her death, and that her death was premeditated. §
782.04(1)(a), Fla. Stat. (2019). Because Sievers was
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21636
appellant with attempted murder in violation of section 782.-04(1), Florida Statutes (1981). On January 9,
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4572
dollars.” Murder in the second degree is defined by §
782.04, Fla.Stat, F.S.A., as follows: “The unlawful killing
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24056
a “depraved mind regardless of human life.” Section
782.04(2), Florida Statutes (1981). After a complete
CopyPublished | District Court of Appeal of Florida
showing of good cause. §
782.04(1)(b), Fla. Stat. The state did not file a notice
CopyPublished | District Court of Appeal of Florida
convict for second-degree murder. See Fla. Stat. §
782.04(2) (2019) (defining second degree murder as “[t]he
CopyPublished | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 14138, 10 Fla. L. Weekly 1180
underlying bases for the felony murder convictions. Section
782.04(l)(a)2.d., Fla.Stat. (1983); Dixon, 463 So
CopyPublished | Florida 4th District Court of Appeal | 1970 Fla. App. LEXIS 6361
Florida Statutes” he was in fact charged under §
782.04, Fla.Stat., F.S.A., the murder statute. The contention
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1255
Weightnovel case the court was confronted with Section
782.04, Florida Statutes 1951, F.S.A., the pertinent
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16156
or one has committed no unlawful homicide. Section
782.04, defining the various degrees of murder, begins
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3591
Fowler of murder in the first degree [Fla.Stat. §
782.04(1), F.S.A.] without a recommendation of mercy
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 302, 1985 Fla. LEXIS 3131
third-degree murder, which is solely felony murder. §
782.04(4), Fla.Stat. (1975). The state then insisted
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 3921
statute denouncing murder in the first degree, Section
782.04, should be set aside and held ineffective because
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19929
second-degree murder which is a first-degree felony. §
782.04(2), id. Stancil committed the offense while sixteen
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16783
another and evincing a depraved mind . . . ” See Section
782.04(2), Florida Statutes (1977). However, nothing
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6456
committed second degree murder in violation of §
782.04, Florida Statutes 1953, F.S.A. He was represented
CopyPublished | Florida 2nd District Court of Appeal | 1987 Fla. App. LEXIS 8379, 12 Fla. L. Weekly 1312
with a common pocket knife, in violation of section
782.04(l)(a), Florida Statutes. Pursuant to a plea
CopyPublished | Supreme Court of Florida
and felony murder theories of the offense), see §
782.04(1)(a) 1.-2., Fla. Stat. (2008), sexual battery
CopyPublished | Court of Appeals for the Eleventh Circuit
1328 (alterations in original); see Fla. Stat. §
782.04(2). “The only meaningful difference between first-
CopyPublished | Florida 1st District Court of Appeal
evidence of premeditation was lacking. Compare §
782.04(1)(a)1., Fla. Stat. (2022) (requiring “premeditated
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4708, 19 Fla. L. Weekly Fed. D 1066
REMANDED. HARRIS, C.J., and THOMPSON, JJ., concur. . §
782.04(4), Fla.Stat. (1989). . §
784.021, Fla.Stat
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 5530
resentencing of the first-degree murder only. Section
782.04(1), Florida Statutes (1995), provides that
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6717
form of the statute in such case pursuant to Section
782.04 of the Florida Statutes, F.S.A., made and provided
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 602, 1985 Fla. App. LEXIS 12637
degree than first degree (felony) murder under section
782.04, Florida Statutes (1983). In the case before
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
782.04(2), Fla. Stat. (1982) (providing that second-degree murder is a first-degree
CopyPublished | District Court of Appeal of Florida
for appellee. PER CURIAM. Affirmed. See §
782.04(1)(b), Fla. Stat. (2011); §
775.082, Fla. Stat
CopyPublished | Florida 1st District Court of Appeal
design to effect the death of the person killed[.]” §
782.04(1)(a)1., Fla. Stat. (2020). “Premeditation is
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18965
an indictment and declaring unconstitutional section
782.04(l)(a) and (4), Florida Statutes (1979). We
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 667, 1987 Fla. App. LEXIS 7125
(15) days to file a Motion for Rehearing." . Section
782.04 Murder. Florida Statutes (1985) (l)(a) The
CopyPublished | District Court of Appeal of Florida
GORDO, JJ. PER CURIAM. Affirmed. See §
782.04(1)(a), Fla. Stat. (2002) (“[M]urder in the first
CopyPublished | District Court of Appeal of Florida
guilty of first-degree premeditated murder. See §
782.04(1)(a)(1), Fla. Stat. (2007). Therefore, the finding
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5762
degree murder under the Felony-Murder Statute, §
782.04, Fla.Stat., F.S.A., which provides that the unlawful
CopyPublished | Florida 5th District Court of Appeal
in s.
775.082 . . . .” (emphasis added)); id. §
782.04(1)(a) (classifying first-degree murder as a capital
CopyPublished | Florida 3rd District Court of Appeal
for second-degree murder, in violation of section
782.04(2), Florida Statutes, burglary with assault
CopyPublished | Supreme Court of Florida
15. First-degree murder is a capital felony. §
782.04(1)(a), Fla. Stat. (1995). “A prosecution for a
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 649454
...[3] The evidence was conflicting as to whether Aguilera accidentally discharged the firearm while attempting to strike the victim or whether he pointed the gun at the victim and fired. The gun was not in contact with the victim's head when it fired. [4] § 782.04(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1998 WL 621355
...ement multiplier must be stricken. See Thornton v. State,
679 So.2d 871, 871 (Fla. 4th DCA 1996). [1] The charging document alleged that defendant committed attempted first-degree murder of a law enforcement officer, with a firearm, "in violation of §
782.04(1) and §
784.07 and § 775.0825 and §
777.04, [Florida Statutes]." Of interest here is the citation to section 775.0825, Florida Statutes, which formerly provided a twenty-five-year mandatory minimum penalty for attempted murder of a law enforcement officer....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 552, 1985 Fla. App. LEXIS 12571
commit premeditated murder as required under section
782.04, Florida Statutes (1984). Upon a careful review
CopyPublished | District Court of Appeal of Florida
individual.’” Perez, 187 So. 3d at 1281-82 (quoting §
782.04(2), Fla. Stat.) “The depraved-mind element of
CopyPublished | District Court of Appeal of Florida
State acknowledges that pursuant to Fla. Stat. §
782.04(1)(b) and Fla. R. of Crim. Pro. 3.181, the
CopyPublished | District Court of Appeal of Florida
history of section
775.0823. First, section
782.04(2), Florida Statutes (2007),5 defines second
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16357
in such cases made and provided, to-wit: Florida Statute
782.04. Pursuant to Florida Rule of Criminal Procedure
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 13859
second degree murder within the meaning of Section
782.04(2), F.S. Did the trial court commit fundamental
CopyPublished | Supreme Court of Florida
Germana Morin to death on their houseboat. See §
782.04(1)(a), Fla. Stat. (2013). At the end of the penalty
CopyPublished | District Court of Appeal of Florida
second degree murder is a second-degree felony. §
782.04(2), Fla. Stat.; §
777.04(4)(c), Fla. Stat. (2016)
CopyPublished | Florida 5th District Court of Appeal
statute identifies three degrees of murder, see id. §
782.04, and the arson statute has two separate degrees
CopyPublished | District Court of Appeal of Florida
BOKOR, JJ. PER CURIAM. Affirmed. See §
782.04(1), Fla. Stat. (2001); §
777.04(4)(b), Fla. Stat
CopyPublished | District Court of Appeal of Florida
guilty of first-degree premeditated murder. See §
782.04(1)(a)(1), Fla. Stat. (2007). Therefore, the finding
CopyPublished | Florida 5th District Court of Appeal
statute identifies three degrees of murder, see id. §
782.04, and the arson statute has two separate degrees
CopyPublished | Supreme Court of Florida
raises five issues: (1) the 2016 amendment to section
782.04(1)(b), Florida Statutes, retroactively precluded
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9588, 2015 WL 3885725
...or
destructive device as defined in section
790.001, Florida
Statutes, and, as the result of the discharge, death or great
bodily harm was inflicted upon [each of the three victims],
contrary to Florida Statutes
777.04(1) and
782.04(1)(a)(2) and
775.087(2)(a)(1) and
775.087(2)(a)(2) and
775.087(2)(a)(3).
Weatherspoon and co-defendant Tharod Bell were tried by the same
prosecutors at the same time before separate juries; the juries combined
to hear evidence relev...
...s in lieu of and is the legal
equivalent of premeditation[.]” Killen v. State,
92 So. 2d 825, 828 (Fla.
1957). The current murder statute similarly defines first degree murder
as either premeditated or felony murder within the same subsection. See
§
782.04(1)(a)1-2., Fla....
...In reaction to Gray, the Florida Legislature enacted section
782.051,
Florida Statutes, which made attempted felony murder a separate crime
with the following elements:
Any person who perpetrates or attempts to perpetrate any
felony enumerated in s.
782.04(3) and who commits, aids, or
abets an intentional act that is not an essential element of the
felony and that could, but does not, cause the death of
another commits a felony of the first degree[.]
§
782.051(1), Fla. Stat. (2008). Interestingly, section
782.04(3), referred
to in the statute, is not the provision for first degree murder, including
felony murder. Instead, section
782.04(3) states the essential elements of
one form of murder in the second degree, although the list of enumerated
felonies is identical to the list in section 784.04(1)(b), the felony murder
statute. Thus, it cannot be argued that the Legislature considered section
782.051 to be simply a subset of first degree murder under section
782.04(1).
Regarding the attempted felony murder statute, the supreme court has
explained: “[I]n order to avoid the problems set forth in Gray, the
Legislature added an additional element to the crime—that the defendant
commit an ‘...
...y), or that
Weatherspoon committed, aided, or abetted an intentional act that was
not an essential element of the underlying felony. Although the
information did cite the attempt statute, section
777.04(1), and the felony
murder statute, section
782.04(1)(a)2., this would, at best, charge the non-
existent version of felony murder that was invalidated in Gray....
...pted perpetration
of the crime of Robbery, did cause great bodily harm to Glen
Moore, a human being, by intentionally kicking and striking
him repeatedly which could have caused the death of the said
Glen Moore, contrary to F.S. 782.04(1)(a), F.S....
CopyPublished | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17075
result of one of the felonies enumerated in Section
782.04(1), we hold that the defendant may not be convicted
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 394, 2006 Fla. LEXIS 1346
a sentence of death or life imprisonment. See §
782.04(l)(b), Fla. Stat. (1997). Seeking to avoid the
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20290
Second-degree murder is a first-degree felony, §
782.04(2), Florida Statutes (1979), and the attempt charge
CopyPublished | Court of Appeals for the Eleventh Circuit | 1988 WL 63454
being to this Body unknown, in violation of Florida Statute
782.04. [The court then instructed the jury on
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15877
shooting the said Leroy Moss in violation of Florida Statute
782.04.” At trial none of the proof against appellant
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1469, 1985 Fla. App. LEXIS 14546
not in themselves the cause of the death. See section
782.04(1)(a)(2), Florida Statutes (1983). As his second
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5742
in the perpetration of a robbery as defined in §
782.04(l),1 Fla. Stat., F.S.A. It was stipulated at the
CopyPublished | Florida 1st District Court of Appeal
design to effect the death of the person killed.” §
782.04(1)(a)1., Fla. Stat. (2021). “Premeditation is
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21506
appellant’s crime as “MURDER IN THE FIRST DEGREE, [section]
782.04(la) [sic],” a “First” degree felony, “(MURDER
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6286
Felonies which.Might Have Been Involved. *338F.S. Section
782.04 F.S.A. defines first degree murder as— “The
CopyPublished | District Court of Appeal of Florida
that he pleaded no contest1 to a violation of section
782.04(3), Florida Statutes (2002), murder in the
CopyPublished | District Court of Appeal of Florida
that he pleaded no contest1 to a violation of section
782.04(3), Florida Statutes (2002), murder in the
CopyPublished | Court of Appeals for the Eleventh Circuit | 2012 WL 3082491, 2012 U.S. App. LEXIS 15832
...ent of a State court only on
the ground that he is in custody in violation of the Constitution or laws or treaties of the United
States.”).
3
Count 1 of the indictment charged murder in the first degree in violation of Fla. Stat. §
782.04.
2
Case: 11-15001 Date Filed: 07/31/2012 Page: 3 of 90
State sought the death penalty against all three because the murder had occurred
while they were burgla...
...tatutory aggravation.” Id. at 463.17
16
In affirming Kormondy’s murder conviction, the Supreme Court held that the evidence
(in the guilt phase) was insufficient to establish first-degree premeditated murder, see Fla. Stat. §
782.04(1)(a)1, because “the State failed, with its evidence, to exclude the reasonable possibility
that the shooting was accidental.” Kormondy I,
703 So. 2d at 459. The court let the murder
conviction stand, however, because “the record clearly support[ed] a conviction for first-degree
felony murder.” Id. at 460; see also Fla. Stat. §
782.04(1)(a)2....
CopyPublished | District Court of Appeal of Florida
term of years not exceeding life imprisonment”); §
782.04(2), Fla. Stat. (2005) (emphasis added) (stating
CopyPublished | District Court of Appeal of Florida
revised sentencing guidelines instead of 2 See §
782.04(2), Fla. Stat. (1997) (classifying second-degree
CopyPublished | Florida 5th District Court of Appeal | 1996 WL 417533
...Further, after comparing the photographs to which Manley objected with the photographs to which he did not object, we find any error was harmless. State v. DiGuilio,
491 So.2d 1129 (Fla.1986). AFFIRMED. W. SHARP, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] §
782.04(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1778, 1987 Fla. App. LEXIS 9435
felony and thus not subject to the guidelines. § 782.-04, Fla.Stat. (1983). Hence, the appellant became
CopyPublished | District Court of Appeal of Florida
(quoting Monroe, 318 So. 2d at 573)). Section
782.04(2), Florida Statutes (2009), defines second-
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11042, 2015 WL 4464474
...The unlawful killing of a human being, when perpetrated by an act
imminently dangerous to another and evincing a depraved mind
regardless of human life, although without any premeditated design to
effect the death of any particular individual . . . .
§ 782.04 (2), Fla....
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1564
of human life,’ as used in the statute [F.S.A. §
782.04] denouncing murder in the second degree, was not
CopyPublished | District Court of Appeal of Florida
being operated by [the wife], contrary to F.S.
782.04(1)(a) and F.S.
777.04(1) and F.S.
775.087(1)
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 10839, 2015 WL 4379729
..., to resentence Mr.
Plasencia within the guidelines.
I. THE PROCEDURAL HISTORY
Following a jury trial, Mr. Plasencia was convicted of second-degree
murder, a first-degree felony punishable by life. See § 782.04(2), Fla....
...Plasencia was charged with the 1996 crime on August 5, 1999, and
convicted on April 12, 2002, after the Heggs decision issued.
3
Although the thirty-year sentence was an upward departure from the
guidelines sentence, it was less than the maximum statutory sentence of life
imprisonment. See § 782.04(2)....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 2744237
...a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense."); §
777.04(1), Fla. Stat. (2004) (defining criminal attempt); §
782.04(1)(a)1., Fla....
CopyPublished | Supreme Court of Florida | 1984 Fla. LEXIS 3284
Fuller with second-degree felony murder under section
782.04, Florida Statutes (1979), and unlawful display
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14378
both felony-murder and premeditated murder, see § 782.-04(1)(a), Florida Statutes, and the factual assertions
CopyPublished | Supreme Court of Florida
Johnson, and (3) Ricky’s death was premeditated. §
782.04(1)(a)1., Fla. Stat. (2018). The defense stipulated
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 6, 2024
person killed or any human being.” See Fla. Stat. §
782.04(1)(a)(1). Buselli argued that the
CopyPublished | District Court of Appeal of Florida
with a weapon under section
782.04(2), Florida Statutes (2016), not section
782.04(1)(a)1. and 2. as indicated
CopyPublished | District Court of Appeal of Florida
the crime been committed.” As specified by Section
782.04 F.S.A., murder in the second degree is the
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5465
“a depraved mind regardless of human life”. F.S. 782.-04, par. 2, F.S.A. We have reviewed the record
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5874
listed in the definition of first degree murder, §
782.04, Fla.Stats., F.S.A. would be of little help to
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 183563
...That crime is defined as "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual. . . ." § 782.04(2), Fla....
CopyPublished | District Court of Appeal of Florida
So. 2d 810, 813 (Fla. 4th DCA 2007); see also §
782.04(1)(a)1, Fla. Stat. (2015). “Premeditation can
CopyPublished | Court of Appeals for the Eleventh Circuit
...Therefore, there is no reason to require the State to notify defendants of
the aggravating factors that it intends to prove.’” Id. (quoting Winkles v. State,
894 So. 2d 842, 846 (Fla. 2005)).
Count I of the indictment in Grim’s case charged Grim with premeditated
murder in violation of Fla. Stat. §
782.04.5 Section
782.04 of the Florida statutes
5
Count I of the indictment alleged, in pertinent part:
The Grand Jurors of the State of Florida, lawfully selected and impaneled and
sworn, inquiring in and for the body of the Co...
...6 In brief, Count I notified Grim that he was (1) charged with
stabbing the victim with a knife and beating her with a hammer, and in the
process thereof did use, carry or possess a weapon, to-wit: a knife and hammer in
violation of Section[ ] 782.04 ....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 329, 2009 WL 129607
...im by defendant. The trial court granted defendant's motion to dismiss, because methadone is not a drug enumerated under the statute which was the basis of the charge, and the state appeals. We affirm. The charge was first-degree felony murder under 782.04(1)(a)3, Florida Statutes, which provides: (1)(a) The unlawful killing of a human being: * * * *327 3....
...e as provided in s.
775.082. Defendant moved to dismiss arguing that methadone was not a Schedule I drug set out in section
893.03(1). The state acknowledged that methadone is not a Schedule I drug, but argued that it is a "synthetic of opium" under section
782.04(1)(a)3....
CopyPublished | District Court of Appeal of Florida
imprisonment for a term of years not exceeding life.” §
782.04(2), Fla. Stat. (2018). Second-degree murder is
CopyPublished | District Court of Appeal of Florida
depraved mind regardless of human life . . .” §
782.04(2), Fla. Stat. (2019). Baxter argues that the
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 34791
...o investigators the day after the shooting. Regarding Moore's feelings during the incidents, the State was required to prove, as a statutory element of second degree murder, that Moore's action "evinced a depraved mind regardless of human life," see § 782.04(2), Fla....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 1, 2017 Fla. LEXIS 106
any felony other than those enumerated in section
782.04, Florida Statutes. Aggravated battery is not
CopyPublished | Court of Appeals for the Eleventh Circuit
penalty of life imprisonment. FLA. STAT. §
782.04(2). But if the jury had determined that the firearm
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 31, 2014 WL 172534, 2014 Fla. LEXIS 137
...first-degree murder under the
felony murder theory in this case, it must prove beyond a reasonable doubt that the
unlawful killings of Gibson, Keenan, and Robinson were committed while Smith
was engaged “in the attempt to perpetrate” robbery. § 782.04(1)(a)2.d., Fla....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 6336, 12 Fla. L. Weekly 271
offense. Second-degree murder, as defined in section 782.-04(2), is the unlawful killing of a human being
CopyPublished | District Court of Appeal of Florida
16, 2018) (holding that 2016 amendment to section
782.04(1), Florida Statutes, does not apply when the
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 201, 1988 Fla. App. LEXIS 178
crime. Although appellant was charged under section
782.04, Florida Statutes, the murder statute, he was
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3791
of third degree murder now in our statutes, Section
782.04(4), Florida Statutes. The Tillman Court held
CopyPublished | District Court of Appeal of Florida
Sigismondi with second-degree murder, under section
782.04(2), Florida Statutes, for killing Thomas Blow
CopyPublished | District Court of Appeal of Florida
with second-degree felony murder, pursuant to section
782.04(3), Florida Statutes (2009). He was charged
CopyPublished | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 14090, 10 Fla. L. Weekly 359
crime of second degree murder, a violation of section
782.04(2), Florida Statutes (1983). Immediately prior
CopyPublished | Court of Appeals for the Eleventh Circuit
...§ 2254 petition challenging his Florida second-degree murder conviction.
After review and oral argument, we affirm.
I. BACKGROUND
An information charged Petitioner Rozzelle with one count of second-
degree murder, in violation of Florida Statutes § 782.04(2). This appeal centers
around the “depraved mind” mens rea in § 782.04(2), which defines second-degree
murder as “[t]he unlawful killing of a human being, when perpetrated by any act
imminently dangerous to another and evincing a depraved mind regardless of
human life, although without any premeditated design to effect the death of any
particular individual.” Fla. Stat. § 782.04(2)....
...“the death was caused by the criminal act of Roger Allen Rozzelle”; and (3) “there
was an unlawful killing of Greg Leier by an act imminently dangerous to another
and demonstrating a depraved mind without regard to human life.” See Fla. Stat.
§ 782.04(2).
The Florida trial court then instructed that if second-degree murder was not
proved, the jury would decide if Rozzelle was guilty of the lesser included crime
2
Rozzelle’s counsel’s argument on Rozzelle’s mo...
...As we noted above, a conviction for second-degree murder in Florida
requires that the defendant kill “by any act imminently dangerous to another and
evincing a depraved mind regardless of human life, although without any
premeditated design.” Fla. Stat. § 782.04(2)....
CopyPublished | District Court of Appeal of Florida
conviction was for second-degree murder under section
782.04(3), and rule 3.802(b)(2) applies to sentences
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 644, 1987 Fla. App. LEXIS 7000
evidence adduced in this case falls short of section
782.04(2), Florida Statutes (1983).1 Therefore, the
CopyPublished | Supreme Court of Florida
within Columbia County, contrary to Florida Statute
782.04[(1)]. Thereafter, the trial court accepted
CopyPublished | District Court of Appeal of Florida
protection of Florida’s homicide statute [section
782.04(2), Florida Statutes].” Wyche v. State, 232
CopyPublished | District Court of Appeal of Florida
principal to the victim’s second degree murder. See §
782.04(2), Fla. Stat. (2011) (defining second degree
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 462975
...The trial judge did not do so. We cannot undo the sentences on the other counts to achieve the trial judge's intent without violating double jeopardy principles. We therefore affirm White's corrected sentence. AFFIRMED. MONACO and EVANDER, JJ., concur. NOTES [1] § 782.04(2), Fla....
CopyPublished | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 2470, 2001 WL 227739
...The Court allowed the government to amend the second petition at Docket No. 113 to reflect the proper citations to the Florida Statutes as follows: Ucciferri violated his supervised release by committing the offenses of attempted homicide and aggravated battery with a deadly weapon, in violation of Fla.Stat. § 782.04(1)(a)(1) and Fla.Stat....
...ing one year that has as an element the use, attempted use, or threatened use of physical force" or "involves conduct that presents a serious potential risk of physical injury to another." See U.S.S.G. § 4B1.2(a). B. Attempted Homicide, Fla.Stat. §§
782.04(1)(a)(1) and
777.04 The parties agree that the applicable law is as follows....
...3.) the act would have resulted in the death of a victim except that someone prevented the defendant from killing the victim or he failed to do so. Fla. Standard Crim. Jury Instruction 85 (Attempted Murder First Degree (Premeditated), 28 U.S.C. §§
782.04(1)(a) and
777.04)....
CopyPublished | District Court of Appeal of Florida
depraved mind regardless of human life . . .” §
782.04(2), Fla. Stat. (2019). Baxter argues that the
CopyPublished | Florida 1st District Court of Appeal
death of the person killed or any human being.” §
782.04(1)(a)1., Fla. Stat. The elements of first-degree
CopyPublished | Florida 1st District Court of Appeal
beyond mere preparation. §
777.04, Fla. Stat.; §
782.04(2), Fla. Stat.; see also Fla. Std. Jury Instr
CopyPublished | Supreme Court of Florida
court based its ruling on the grounds that section
782.04(1)(b), Florida Statutes (2016), and rule 3
CopyPublished | District Court of Appeal of Florida
subsequent trial of the case.” Florida Statutes, Section
782.04, F.S.A. Murder, provides: “When perpetrated
CopyPublished | District Court of Appeal of Florida
degree which is defined in Florida Statutes, Section
782.04, F.S.A., as follows: “When perpetrated by any
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 97, 1986 Fla. App. LEXIS 11410
in the perpetration of a felony in violation of §
782.04 and § 775.-087(2), Florida Statutes. Appellant
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 36, 1984 Fla. App. LEXIS 16306
premeditation intending to kill the victim’s spouse. Section
782.04(l)(a)l, Florida Stat- ■ utes, defines first
CopyPublished | District Court of Appeal of Florida
counts. 2 Robbery is an enumerated felony. See §
782.04(3)(d), Fla. Stat. (2012).
CopyPublished | Supreme Court of Florida
MURDER — FIRST DEGREE §
782.04(1)(a), Fla. Stat. In the absence of an
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17122
appellee in a robbery. The statute involved is Section
782.04, Florida Statutes (1975), providing as follows:
CopyPublished | Florida 1st District Court of Appeal
beyond mere preparation. §
777.04, Fla. Stat.; §
782.04(2), Fla. Stat.; see also Fla. Std. Jury Instr
CopyPublished | District Court of Appeal of Florida
LOBREE, JJ. PER CURIAM. Affirmed. See §
782.04(2), Fla. Stat. (1982) (providing: “The unlawful
CopyPublished | Supreme Court of Florida
Florida.1 Chapter 2016-13, section 2, amended section
782.04, Florida Statutes (2015), to provide notice
CopyPublished | Supreme Court of Florida
first-degree murder that is delineated in section
782.04, Florida Statutes (2018).
CopyPublished | Supreme Court of Florida
APPENDIX 7.3 FELONY MURDER - FIRST DEGREE §
782.04(1)(a), Fla. Stat. In the absence of an
CopyPublished | District Court of Appeal of Florida
imprisonment for a term of years not exceeding life.” §
782.04(2), Fla. Stat. (2016). “Upon proof from the state
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5712
thus constituting a felony-murder under F.S. §
782.04, F.S.A. The robbery itself was sought to be proved
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 13979
with a handgun, contrary to F.S. 833.03 and F.S.
782.04. Prior to appellant’s trial Rick Croll entered
CopyPublished | Florida 2nd District Court of Appeal
charged in count one is a second-degree felony. See §
782.04(2), Fla. Stat. (Supp. 1996); §
777.04(4), Fla
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 11038, 25 Fla. L. Weekly Fed. D 2057
punishable by life: count 1, second degree murder, see §
782.04(2), Fla. Stat. (1989); count 2, armed robbery
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2044, 1985 Fla. App. LEXIS 15650
attempted first-degree murder in violation of section
782.04, Florida Statutes (Supp.1982) and section 777
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7537
defining the phrase “a depraved mind.” We agree. Section
782.04, F.S.A. defines the offense of second degree
CopyPublished | District Court of Appeal of Florida
the third degree is defined in Florida Statutes, §
782.04, F.S.A., as a homicide perpetrated without any
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2050, 1985 Fla. App. LEXIS 15616
effect the death of any particular individual. § 782.-04(2), Fla.Stat. (1983). An act is imminently dangerous
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6460
Fla.Stat., F.S.A. for robbery; § 784.06 (with §
782.04) for assault with intent to commit murder.) Validity
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210
...Holt, President, Florida Public Defender Association, Inc., Tampa,
Florida,
Responding with comment
-4-
Appendix
7.3 FELONY MURDER — FIRST DEGREE
§ 782.04(1)(a), Fla....
...protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
-8-
Lesser Included Offenses
FIRST DEGREE (FELONY) MURDER —
782.04(1)(a)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS.
NO.
Second degree
782.04(2) 7.4
(depraved mind)
murder
Manslaughter
782.07 7.7
Second degree
782.04(3) 7.5
(felony) murder
Third degree (felony)
782.04(4) 7.6
murder
Aggravated
784.021 8.28.4
assaultbattery
784.045
Felony battery
784.041(1) 8.5
Aggravated
784.045...
...§
782.065.
This instruction was adopted in 1981 and was amended in 1985, 1992 [
603
So. 2d 1175], and 2011 [
53 So. 3d 1017], and 2014.
-9-
7.5 FELONY MURDER — SECOND DEGREE
§
782.04(3), Fla._Stat.
To prove the crime of Second Degree Felony Murder, the State must
prove the following four elements beyond a reasonable doubt:
1....
...f providing supervision,
protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
Lesser Included Offenses
SECOND DEGREE (FELONY) MURDER —
782.04(3)
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
NoneManslaughter*
782.07 7.7
Third degree (felony)
782.04(4) 7.6
murder
Comments
Regarding the enhanced penalty under Fla....
...felony murder, but see State v. Montgomery,
39 So. 3d 252 (Fla. 2010).
This instruction was adopted in 1981and amended in 1985 and 2014.
- 13 -
7.6 FELONY MURDER — THIRD DEGREE
§
782.04(4), Fla._Stat.
To prove the crime of Third Degree Felony Murder, the State must
prove the following three elements beyond a reasonable doubt:
1....
...f providing supervision,
protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
Lesser Included Offenses
THIRD DEGREE (FELONY) MURDER — 782.04(4)
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | District Court of Appeal of Florida
appellant was convicted of felony murder under section
782.04(1)(a)2., Florida Statutes (2020), despite the
CopyPublished | District Court of Appeal of Florida
any premeditated design to effect the death.” §
782.04(2), Fla. Stat. (2016). The primary distinction
CopyPublished | District Court of Appeal of Florida
perpetrate" the underlying qualifying felony. §
782.04(1)(a)(2), Fla. Stat. (1985); Dean v. State, 230
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 4083405, 2014 Fla. App. LEXIS 12807, 39 Fla. L. Weekly Fed. D 1759
...He claims that the trial court
should have granted his motion for judgment of acquittal because—in his
view—the evidence fell short of proving that he acted in a manner “evincing
a depraved mind regardless of human life,” an element of the charged
offense. See § 782.04(2), Fla....
...In a second degree
murder case, those elements are that: (1) the victim is dead; (2) the death
was caused by the criminal act of defendant; and (3) the death was an
unlawful killing by an act “imminently dangerous to another and
demonstrating a depraved mind regardless of human life . . . .” § 782.04(2),
Fla....
...proof
sufficient to support two distinct findings—the first being that the act itself be
“imminently dangerous to another,” and the second being that it was done in a
manner “demonstrating a depraved mind regardless of human life . . . .” §
782.04(2), Fla....
...Put simply, there certainly are cases where the quantity
or quality of evidence does not permit a finder of fact to conclude, beyond
a reasonable doubt, that the defendant committed an act “imminently
dangerous to another and evincing a depraved mind regardless of human
life . . . .” § 782.04(2), Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1698, 1984 Fla. App. LEXIS 13977
requested instruction on third degree murder. §
782.04(4), Fla.Stat. (1983).1 Green was charged with
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 12462, 2015 WL 4934754
...IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION
782.051, WHICH CREATED A CRIME CALLED “ATTEMPTED
FELONY MURDER,” THAT WAS PREVIOUSLY DECLARED BY
STATE V. GRAY,
654 SO. 2D 552 (FLA. 1995), TO BE A NON-
EXISTENT CRIME UNDER SECTION
782.04(1)(A), DOES THE
STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS
OF AND CITE TO SECTION
782.051 OR DOES AN
ALLEGATION OF ATTEMPTED PREMEDITATED MURDER
AUTOMATICALLY INCLUDE ATTEMPTED FELONY MURDER,
JUST AS A...
CopyPublished | Florida 5th District Court of Appeal | 1988 WL 84346
...released from prison after serving his seventeen-year term. If he serves his ten years on probation successfully, the balance of the twenty-three year suspended sentence will vanish and be forgiven. AFFIRM. DAUKSCH and DANIEL, JJ., concur. NOTES [1] §
782.04(2), Fla. Stat. (1987). [2] §§
782.04(2) &
775.082(3)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The 1974 Legislature had replaced the substantive offense of rape with that of sexual battery in various degrees. Chapter 74-121, Laws of Florida; Section
794.011, Florida Statutes (1977). Not until 1975, after appellant's offense but before his trial, did the legislature amend the murder statute, Section
782.04, to delete the obsolete term "rape" and substitute "sexual battery"....
CopyPublished | District Court of Appeal of Florida
between juveniles who commit offenses under section
782.04, Florida Statutes (the murder statute), and
CopyPublished | District Court of Appeal of Florida
enforcement officer, a felony not enumerated in section
782.04, arising out of the same criminal act as his
CopyPublished | District Court of Appeal of Florida
evincing a depraved mind regardless of human life[.]” §
782.04(2), Fla. Stat. (2017). A depraved mind regardless
CopyPublished | Florida 5th District Court of Appeal | 1998 WL 473004
...original 3.850 motion, which had been filed within the two year time period. See Ayo v. State,
708 So.2d 692 (Fla. 5th DCA 1998). This proceeding involves the denial of the original 3.850 motion. [2] §
782.07(1),
775.087(1), Fla. Stat. (1997). [3] §
782.04(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1968 Fla. App. LEXIS 5151
the felony-murder doctrine. Florida Statutes, §
782.04, F.S.A. The indictment charged an unlawful homicide
CopyPublished | Florida 4th District Court of Appeal
effect the death of any particular individual.” §
782.04(2), Fla. Stat. (2020). An act evinces a “depraved
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1763, 1986 Fla. App. LEXIS 9297
Fidel Diaz on charges of first degree murder, §
782.04, Fla.Stat. (1979), attempted first degree murder
CopyPublished | Florida 2nd District Court of Appeal
775.082(1) (emphasis added); see also §
782.04(1)(b) (“In all cases under this section, the procedure
CopyPublished | District Court of Appeal of Florida
punishable by a term of years not exceeding life, §
782.04(3), Fla. Stat. (2004), and burglary (as committed
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4507, 2010 WL 1329575
...ry references, which went directly to the character of the defendant, had no effect upon that finding (as opposed, for example, of one of aggravated manslaughter), which is, by definition, the result of what the jury must find was a "depraved mind." § 782.04(2), Fla....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 424, 2017 Fla. LEXIS 750
counts of first-degree murder, in violation of section
782.04(1)(a), Florida Statutes (2009); one count of
CopyPublished | Florida 1st District Court of Appeal
murder in the second degree in violation of section
782.04(2), Florida Statutes (2018), and resulting
CopyPublished | Florida 1st District Court of Appeal
death of the person killed or any human being.” §
782.04(1)(a)1., Fla. Stat. (2022). Premeditation is an
CopyPublished | Florida 5th District Court of Appeal | 1992 WL 63447
...Appellant was sentenced to 17 years incarceration for the attempted first degree murder, with a three year mandatory minimum term. Florida Rule of Criminal Procedure 3.988(a) states that homicide offenses under Chapter 782 should be scored as primary offenses under category one "except subsection
782.04(1)(a) capital murder." Appellant argues that attempted first degree murder is a crime under section
782.04(1)(a) and section
777.04, Florida Statutes (1991), and should likewise be excluded from category one....
CopyPublished | Supreme Court of Florida
...CONSTITUTION OR THE UNITED STATES CONSTITUTION BAR CONVICTION AND SENTENCING FOR BOTH THE UNDERLYING FELONY AND A FELONY MURDER CHARGE BASED ON THE SAME FELONY IN THE CONTEXT OF A SINGLE (RATHER THAN SUCCESSIVE) CRIMINAL PROCEEDING? Id. at 341. [2] § 782.04(4), Fla....
CopyPublished | Florida 2nd District Court of Appeal
count of attempted first- degree murder under section
782.04(1)(a)(1), Florida Statutes (2016). The charging
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 5837, 1995 WL 254338
...The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing. Fla.Stat. § 782.04(1)(a) (Fla.Stand.Jury Inst.Murder First Degree)....
...six shots toward the officers. In Ogletree v. State,
525 So.2d 967 (Fla. 1st DCA 1988), the defendant fired a single shot into a room of nine people. The defendant was convicted of nine counts of attempted premeditated murder, under Florida Statutes §
782.04(1)(a), which requires a premeditated intent to kill or harm a particular individual....
...pportunity to test sufficiency of evidence precludes appellate review of the sufficiency claim). Id. at 970. Similarly, in Blanco v. State,
447 So.2d 939 (Fla. 3d DCA 1984), a conviction for two counts of attempted first degree murder under sections
782.04,
775.087, and
777.04, Florida Statutes (1981), was upheld where defendant fired his gun once at relatively close range at two police officers who were pursuing him, missing both officers....
...The court stated that "the fact that one shot, rather than two, was fired at the two pursuing officers cannot by the weight of authority change this result." Id. at 940 (citations omitted); see also Callaghan v. State,
462 So.2d 832 (Fla. 4th DCA 1984). In the present case, Petitioner was charged with attempted murder under section
782.04, Florida Statutes (1989) (murder), section
777.04, Florida Statutes (1989) (attempt), and section
784.07(3), Florida Statutes (1989) (assault or battery of law enforcement officers ...; reclassification of offenses)....
CopyPublished | Florida 3rd District Court of Appeal
GOODEN, JJ. PER CURIAM. Affirmed. See §
782.04(2), Fla. Stat. (1982) (providing that second-
CopyPublished | Florida 4th District Court of Appeal
effect the death of any particular individual[.]” §
782.04(2), Fla. Stat. (2022). “A defendant’s conduct
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15860
Second-degree murder is a first-degree felony. §
782.04(2), Fla.Stat. (1977). An attempt to commit a first-degree
CopyPublished | Supreme Court of Florida
...3d at 227 (quoting Bradley v.
State,
787 So. 2d 732, 738 (Fla. 2001)).
The State charged Allen with first-degree felony murder during the course of
a kidnapping, and kidnapping with the intent to inflict bodily harm or terrorize the
victim. See §§
782.04 (1)(a)2.f.;
787.01(1)(a)3., Fla....
...(2005). First-degree
felony murder is “[t]he unlawful killing of a human being: [w]hen committed by a
person engaged in the perpetration of, or in the attempt to perpetrate, a
- 20 -
kidnapping . . . ” § 782.04(1)(a)2.f., Fla....
CopyPublished | Florida 1st District Court of Appeal
design to effect the death of the person killed[.]” §
782.04(1)(a)1., Fla. Stat. (2020). “Premeditation is
CopyPublished | District Court of Appeal of Florida
with second-degree felony murder, pursuant to section
782.04(3), Florida Statutes (2009). The charge arose
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3672, 20 Fla. L. Weekly Fed. D 901
and *1274sentences for (1) first-degree murder [§
782.04(l)(a)(l), Fla.Stat. (1991)], (2) conspiracy to
