DEONDREA HUDSON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2020-04-09
No. 18-2604
Fitzpatrick, J., Roberts, J., Bilbrey, J., Winokur, J.
Florida District Court of Appeal, First District (2020)

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Holding

Premeditation for murder requires only a fully formed conscious purpose to kill that may be formed in a moment and need only exist long enough for the accused to be conscious of the nature and probable result of the act.


Headnotes

[1] Premeditation in a murder prosecution may be formed instantaneously and need only exist for the brief moment necessary for the accused to comprehend the nature and probab…

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Key Quotes

“Premeditation is a fully formed conscious purpose to kill that may be formed in a moment and need only exist for such time as will allow the accused to be conscious of the nature of the act he is about to commit and the probable result of that act.”

Court's statement of the legal standard for premeditation under Florida law, citing Asay v. State, 580 So. 2d 610, 612 (Fla. 1991)

Facts & Procedural History

Deondrea Hudson was convicted of murder in Leon County Circuit Court. The appeal challenges the conviction on premeditation grounds.…

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Opinion of the Court
Winokur

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2604 _____________________________

DEONDREA HUDSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. Martin A. Fitzpatrick, Judge.

April 9, 2020

PER CURIAM.

AFFIRMED. See Asay v. State, 580 So. 2d 610, 612 (Fla. 1991) (“Premeditation is a fully formed conscious purpose to kill that may be formed in a moment and need only exist for such time as will allow the accused to be conscious of the nature of the act he is about to commit and the probable result of that act.”). See also Ford v. State, 267 So. 3d 1070 (Fla. 1st DCA 2019); Morales v. State, 170 So. 3d 63 (Fla. 1st DCA 2015). ROBERTS, BILBREY, and WINOKUR, JJ., concur.

2

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Victor Holder, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.


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