CASTANEDA v. STATE (2000)

District Court of Appeal of Florida,Third District.

Luis CASTANEDA, Appellant, v. The STATE of Florida, Appellee.

No. 3D98-2385.

Decided: February 09, 2000

Before GODERICH, GREEN, and RAMIREZ, JJ.

Bennett H. Brummer, Public Defender and Luis Fernandez, Special Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

The appellant, Luis Castaneda, was convicted and sentenced as a principal to a second degree homicide by virtue of his having aided and abetted in the commission of this offense. Contrary to his argument on appeal, the state's evidence was legally sufficient to establish criminal intent and that the appellant actively participated with the codefendant in the events preceding the victim's murder. See Staten v. State, 519 So.2d 622, 624 (Fla.1988); Tran v. State, 667 So.2d 812, 813 (Fla. 2d DCA 1995); Williams v. State, 261 So.2d 855, 856 (Fla. 3d DCA 1972). Moreover, the evidence established that the appellant was the one who disposed of the gun and four spent casings after the murder. The denial of his motion for judgment of acquittal in this case was therefore not error. See Lynch v. State, 293 So.2d 44 (Fla.1974).

Affirmed.

PER CURIAM.

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