White v. State
The Fourth District held the State failed to prove premeditation for two attempted first-degree murder counts where the defendant fired six shots from a fleeing car at an unmarked police vehicle 50-60 feet behind, and reduced those convictions to attempted second-degree murder. The court found the same conduct sufficient for the 'depraved mind' element of attempted second-degree murder as to all four occupants, and directed the trial court on resentencing to include the statutory 25-year juvenile sentence review under sections 921.1402(2)(b) and 775.082(3).
Key facts
- Defendant fired six shots from a fleeing car at an unmarked police vehicle 50-60 feet behind; four officers were in the vehicle.
- Trial court convicted defendant of two counts of attempted first-degree murder and two counts of attempted second-degree murder.
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Why it matters
A useful sufficiency precedent for defense counsel challenging attempted first-degree murder counts arising from shootings at vehicles or structures: the court reaffirms Fisher and Shellman that volume of gunfire alone… — full analysis with a trial
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