THOMAS SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-04-18
No. 77-1224
Before HAVERFIELD, C. J., and PEARSON and NATHAN, JJ.
357 So. 2d 482 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals an adjudication of guilt of the crimes of aggravated assault and the unlawful possession of a firearm while engaged in a criminal offense. The judgment was entered on a jury verdict. The single point presented urges that the court erred in denying defendant’s motions for a judgment of acquittal made at the conclusion of the State’s case and at the conclusion of all the evidence.

The burden of defendant’s argument is that there was no proof of criminal intent sufficient to sustain the conviction. Defendant confessed and later testified that he shot the victim during a domestic argument. His testimony was that he was only trying to scare the victim and that he shot her accidentally. Proof of intent may be supplied by the circumstances. Skold v. State, 263 So. 2d 627 (Fla. 3d DCA 1972). Cf. DuPree v. State, 310 So. 2d 396 (Fla. 2d DCA 1975).

Affirmed.


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Citator

Cited By

  • Harmon v. State, 987 So. 2d 241 (Fla. 1st DCA 2008)
    …. See Jones v. State, 378 So. 2d 797, 798 (Fla. 1st DCA 1979); Vining v. State, 637 So. 2d 921, 926 (Fla.1994). And the trial court erred by not permitting Appellant to testify about his intent at the time of the charged offense. See Smith v. State, 357 So. 2d 482 (Fla. 3d DCA 1978) and Crutchfield v. State, 589 So. 2d 1028 (Fla. 4th DCA 1991). However, these errors were not preserved by Appellant presenting the issues to the trial court for its consideration. Thus, I concur. * These errors are conceded…

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