Supreme Court of Florida

The wanton or malicious intent element of the crime of wantonly or maliciously shooting into a building, as defined by Florida Statutes section 790.19, is not established solely by evidence that a defendant fired a shot at, within, or into a building. The state also must prove that the shooting was done wantonly or maliciously as those terms are defined in the standard jury instruction.

Appellate Information

• Decided 04/24/2008
• Published 04/24/2008

Judges

• CANTERO, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, Florida, and Robert J. Krauss, Assistant Attorney General, Bureau Chief, and Richard M. Fishkin, Assistant Attorney General, Tampa, FL, for Petitioner.


• For Appellees:
  
• James Marion Moorman, Public Defender, and Alisa Smith and Bruce P. Taylor, Assistant Public Defenders, Tenth Judicial Circuit, Bartow, FL, for Respondent.