ALPHONSO ENRICO NAVARRO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-06-07
No. 82-1731
Before HENDRY, BASKIN and FERGUSON, JJ.
433 So. 2d 1011 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 2 cases

Opinion of the Court
FERGUSON, Judge.

FERGUSON, Judge.

Where the defendant, admittedly knowledgeable about firearms, placed a loaded clip into the magazine of a .45 calibre automatic pistol, pulled back the slide and released it, which action forced a round into the gun’s chamber ready for firing, then pulled the trigger of the weapon for the alleged purpose of “test firing” the weapon, the accidental shooting of his girlfriend who was walking in the room (and with whom he had recently argued), constituted an act of culpable negligence which supported a manslaughter conviction. Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA), rev. denied, 402 So. 2d 613 (Fla.1981).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • W.L.H., III v. State, 702 So. 2d 1347 (Fla. 5th DCA 1997)
    …ot intend to inflict physical harm. We believe the answer is yes based upon precedent from this and other courts. See, e.g., Berry v. State, 547 So. 2d 969 (Fla. 3d DCA 1989); Dellinger v. State, 495 So. 2d 197 (Fla. 5th DCA 1986); Navarro v. State, 433 So. 2d 1011 (Fla. 3d DCA 1983), rev. denied, 447 So. 2d 887 (Fla.1984); Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA), rev. denied, 402 So. 2d 613 (Fla.1981). On August 19,1996, the appellant, W.L.H., III, a 12-year old, was playing with two cousins and a fr…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw