HEROLD PIERRE-LOUIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Herold Pierre-Louis was convicted of second-degree murder and attempted second-degree murder in connection with a drive-by shooting that killed one person and injured another. The appellate court affirmed his second-degree murder conviction but reversed his attempted second-degree murder conviction due to a flawed jury instruction, and remanded for a new trial on the attempted murder charge.
The court affirmed Pierre-Louis's conviction and sentence for second-degree murder because sufficient evidence supported the conviction as a principal and the instruction was proper. The court reversed his conviction and sentence for attempted second-degree murder because the jury instruction was flawed, and remanded for a new trial on that charge.
[1] A conviction for second-degree murder may be affirmed if sufficient evidence exists to support the conviction as a principal, even if the evidence does not support a theo…
[2] A flawed manslaughter by act instruction, when coupled with a culpable negligence instruction, may constitute fundamental error in a second-degree murder case.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The jury found that he did not possess or discharge a firearm and found him not guilty of unlawful discharge of a firearm. Thus, he was found guilty of second-degree murder and attempted second-degree murder as a principal.”
Establishes the jury's findings and the convictions at issue in the appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePierre-Louis was charged in connection with a drive-by shooting in which one person was killed and another injured. Multiple persons were in the offen…
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Herold Pierre-Louis appeals his judgments and sentences for second-degree murder and attempted second-degree murder. We affirm Mr. Pierre-Louis’s conviction and sentence for second-degree murder. We reverse his conviction and sentence for attempted second-degree murder and we remand for a new trial.
These convictions arise from a drive-by shooting in which one person was killed and another injured. There were several persons in the offending vehicles. The testimony at trial was conflicting as to whether Mr. Pierre-Louis was in one of the vehicles and, if so, whether he actually fired a weapon. The jury found that he did not possess or discharge a firearm and found him not guilty of unlawful discharge of a firearm. Thus, he was found guilty of second-degree murder and attempted second-degree murder as a principal.
The jury was instructed in this case with two controversial jury instructions. First, as to second-degree murder, Mr. Pierre-Louis received an instruction comparable to the instructions given in Barros-Dias v. State, 41 So.3d 370 (Fla. 2d DCA 2010), and Haygood v. State, 54 So.3d 1035, 1037 (Fla. 2d DCA), review granted, 61 So.3d 410 (Fla.2011). We affirm his judgment and sentence for second-degree murder for *127the reasons discussed in those opinions and also because sufficient evidence exists to support Mr. Pierre-Louis’s conviction for second-degree murder as a principal. As we did in Haygood, we certify the following question to the Florida Supreme Court as one of great public importance:
IF A JURY RETURNS A VERDICT FINDING A DEFENDANT GUILTY OF SECOND-DEGREE MURDER IN A CASE WHERE THE EVIDENCE DOES NOT SUPPORT A THEORY OF CULPABLE NEGLIGENCE, DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE?
Second, as to attempted second-degree murder, Mr. Pierre-Louis received an instruction comparable to the instruction in Houston v. State, 87 So.Sd 1 (Fla. 2d DCA), review granted, 64 So.3d 1262 (Fla.), and appeal dismissed, 73 So.3d 760 (Fla.2011). As we have in the past, we reverse the judgment and sentence for attempted second-degree murder and remand for a new trial. In so doing, we certify conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA), review granted, 64 So.3d 1262 (Fla.2011).
On retrial, we express no opinion as to whether the first jury’s verdict as to possession and discharge of a firearm has established any finding binding on the trial court or the next jury.
Affirmed in part, reversed in part, and remanded.
VILLANTI and BLACK, JJ., Concur.
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Citator
Cited By
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Jacquaile Hill v. State, 124 So. 3d 296 (Fla. 2d DCA 2013)…RT A THEORY OF CULPABLE NEGLIGENCE, DOES A [*300] TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE? Id.; see also Pierre-Louis v. State, 98 So. 3d 126 (Fla. 2d DCA 2012) (following Haygood and certifying the foregoing question to the supreme court). Recently, the Supreme Court of Florida took up the question certified in Haygood, which it rephrased as follows: IF A JURY RETURNS A VERDICT FINDING…
Authorities Cited
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- BIR v. State, 64 So. 3d 1262 (Fla. 1st DCA 2011)
- Fagner Barros-Dias v. State, 41 So. 3d 370 (Fla. 2d DCA 2010)
- Curry v. State, 61 So. 3d 410 (Fla. 2011)
- Haygood v. State, 54 So. 3d 1035 (Fla. 2d DCA 2011)
- Barbree Croney v. State, 54 So. 3d 1035 (Fla. 4th DCA 2011)
- Lee v. State, 73 So. 3d 760 (Fla. 2011)