Ballard v. State, 83-46
| Decision Date | 06 April 1984 |
| Docket Number | No. 83-46,83-46 |
| Citation | 447 So.2d 1040 |
| Parties | Carl L. BALLARD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, Bartow, and Amelia G. Brown, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
Defendant appeals from his conviction for shooting into an occupied dwelling in violation of section 790.19, Florida Statutes (1981), contending that the trial court erred in denying his motion to dismiss the charge. We affirm.
In denying the motion to dismiss, the trial court disagreed with Golden v. State, 120 So.2d 651 (Fla. 1st DCA 1960). We agree with the trial court that on a motion to dismiss the element of wantonly shooting at or into a building is not negated by the pleaded facts that defendant fired at a man who was in front of the building. "Wantonly" does not require that the building be the target.
AFFIRMED.
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Carter v. State
...is in fact the holding of the Golden case, it is a case from which this Court now recedes for the reasons stated in Ballard v. State, 447 So.2d 1040 (Fla. 2d DCA 1984), and Skinner v. State, 450 So.2d 595 (Fla. 5th DCA 1984). In Skinner, the court disagreed with Golden v. State, supra, and ......
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State v. Kettell
...a building is not negated by the pleaded facts that defendant fired at a man who was in front of the building." Ballard v. State, 447 So.2d 1040, 1041 (Fla. 2d DCA 1984). That is, "`[w]antonly' does not require that the building be the target." Id. Then, in Skinner v. State, 450 So.2d 595, ......
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Kettell v. State
...per se.' (emphasis added)." Id. at 438-39 (quoting Skinner v. State, 450 So.2d 595, 596 (Fla. 5th DCA 1984)); see also Ballard v. State, 447 So.2d 1040 (Fla. 2d DCA 1984). Thus, according to Holtsclaw, the statute does not require an intent to harm or shoot at anyone. The mere shooting in t......
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Skinner v. State, 65510
...District Court of Appeal has receded from Golden and expressly adopted the reasoning of the case here, Skinner, and Ballard v. State, 447 So.2d 1040 (Fla. 2d DCA 1984). See Carter v. State, 469 So.2d 775 (Fla. 1st DCA 1984), panel decision adopted by court en banc April 25, 1985. The confli......