Skinner v. State, 83-1158
| Decision Date | 24 May 1984 |
| Docket Number | No. 83-1158,83-1158 |
| Citation | 450 So.2d 595 |
| Parties | Jesse SKINNER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.
We agree with Ballard v. State, 447 So.2d 1040 (Fla. 2d DCA 1984), and hereby express direct conflict with Golden v. State, 120 So.2d 651 (Fla. 1st DCA 1960), and now expressly hold that section 790.19, Florida Statutes (1983), is violated by a person who intentionally shoots at, within, or into a building for the primary purpose, or with the specific intent, of shooting at a person in or near the building, as well as by a person who shoots at, within, or into the building per se. See Johnson v. State, 436 So.2d 248 (Fla. 5th DCA 1983).
AFFIRMED.
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Carter v. State
...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 expressly held Section 790.19, Florida Statutes (1983), ......
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Austin v. State, 96-2460
...purpose, or with the specific intent, of shooting at a person in or near the building" has violated section 790.19. Skinner v. State, 450 So.2d 595, 596 (Fla. 5th DCA 1984) (emphasis added); Smith v. State, 463 So.2d 542, 545-46 (Fla. 5th DCA 1985). This reasoning applies equally to a throw......
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State v. Kettell
...reasons constitute defenses to section 790.19, by its own language, nor does case law so construe it. As we said in Skinner v. State, 450 So.2d 595, 596 (Fla. 5th DCA 1984), review denied, 470 So.2d 702 (Fla.1985): [We] hold that section 790.19 ... is violated by a person who intentionally ......
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Smith v. State
...decision so that it now proscribes shooting at, within or into a building, we have chosen not to follow that case. See Skinner v. State, 450 So.2d 595 (Fla. 5th DCA 1984). A defendant may be convicted under this statute when he intentionally shoots at someone or something within the buildin......