Walker v. State
Decision Date | 31 December 2014 |
Docket Number | No. 3D13–1016.,3D13–1016. |
Citation | 154 So.3d 448 |
Parties | James WALKER, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee.
Before SUAREZ, LAGOA, and SCALES, JJ.
The defendant, James Walker (“Walker”), appeals from a final judgment of conviction and sentence for burglary with a battery and criminal mischief. As to Walker's claim of fundamental error based upon allegedly improper comments made by the prosecutor in closing argument, we affirm without discussion.See Davis v. State, 136 So.3d 1169 (Fla.2014) ; Braddy v. State, 111 So.3d 810 (Fla.2012), cert. denied, ––– U.S. ––––, 134 S.Ct. 275, 187 L.Ed.2d 199 (2013). We reverse, however, Walker's conviction for criminal mischief and remand for his discharge on this count.
Walker was charged with burglary with a battery as well as criminal mischief. The charges stemmed from an incident on March 22, 2012, in which Walker had an altercation with Errol Tilwaites (“Tilwaites”), who was the security guard at an apartment complex. During the course of the incident Walker pushed Tilwaites into the apartment complex's gatehouse. As a result of the push, Tilwaites landed against a glass door which completely shattered. At the close of the defense case, Walker moved for a judgment of acquittal as to the criminal mischief charge. The trial court denied the motion.
This Court reviews a trial court's ruling on a motion for judgment of acquittal under a de novo standard of review. Pagan v. State, 830 So.2d 792, 803 (Fla.2002). It is well settled that if, after construing the evidence in a light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt, the conviction will be sustained. Id.;see also Jenkins v. State, 1 So.3d 317, 320–21 (Fla. 3d DCA 2009) () (citations omitted).
Walker was charged with and convicted of criminal mischief, in violation of section 806.13(1)(b) 2, Florida Statutes (2012), which provides as follows:
(emphasis added). In M.H. v. State, 936 So.2d 1, 3 (Fla. 3d DCA 2006), this Court held that criminal mischief is a general intent crime, and that “[w]hile malice does not require a specific intent to damage the property, malice cannot be presumed based upon a finding of property damage.” In order to determine whether the element of malice was present, “one must look to the circumstances surrounding the conduct which caused the damage.” Id.; accord J.R.S. v. State, 569 So.2d 1323, 1325 (Fla. 1st DCA 1990).
Significantly, this Court also recognized in M.H. that “the doctrine of transferred intent cannot sustain a conviction for criminal mischief.” 936 So.2d at 4. In other words, the criminal mischief statute requires that when a defendant acts with malice toward another person, rather than toward property, that malice does not transfer to the property. Id. at 5 ; see also H.F. v. State, 927 So.2d 163, 164 (Fla. 3d DCA 2006) ( ); Sanchez v. State, 909 So.2d 981, 985 (Fla. 5th DCA 2005) ( ); In re J.G., 655 So.2d 1284, 1285 (Fla. 4th DCA 1995) ().
Given this, we find that the trial court erred in denying Walker's motion for judgment of acquittal on the charge of criminal mischief. Viewing the evidence in the light most favorable to the State, the State failed to present competent, substantial evidence that Walker acted with malice toward the property at issue (the glass door), rather than toward...
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Pickett v. State, 3D16-2871
...that malice does not transfer to the property. See M.H. v. State, 936 So.2d 1, 5 (Fla. 3d DCA 2006) ; see also Walker v. State, 154 So.3d 448, 450 (Fla. 3d DCA 2014). Our sister courts have reached the same conclusion. See Sanchez v. State, 909 So.2d 981, 985 (Fla. 5th DCA 2005) (finding th......
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Hernandez v. State
...motion. Hernandez timely appealed. We review a trial court's ruling on a motion for judgment of acquittal de novo. Walker v. State, 154 So. 3d 448, 450 (Fla. 3d DCA 2014).The only issue on appeal is whether the State introduced sufficient evidence of guilt. At trial, the State relied solely......