Pender v. State
Pender was convicted of attempted second-degree murder, discharging a firearm from a vehicle, and tampering with evidence after shooting the victim, driving away with the gun, and later telling police he threw it in a river. The Fifth DCA affirmed the murder and discharge convictions but reversed the tampering conviction, holding that the State's independent evidence (victim testimony and surveillance video showing the shooting and Pender leaving with the gun) was insufficient under the corpus delicti rule to establish the specific intent to impair the gun's availability, since his confession could not supply that missing intent element.
Key facts
- Pender was charged with attempted second-degree murder, discharging a firearm from a vehicle, and tampering with evidence after shooting a victim and leaving the scene with the gun.
- At trial, the State presented victim testimony and surveillance video showing the shooting and Pender departing with the firearm, and also introduced Pender's confession that he threw the gun in a river.
- +2 more key facts with a free trial
Why it matters
This opinion gives criminal defense practitioners a useful tool to challenge tampering-with-evidence charges that are frequently tacked onto cases where a defendant simply flees a scene with a weapon or other… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.