Florida District Courts of Appeal, 1984

C.H. v. State

C.H. v. State
Florida District Courts of Appeal · Decided December 18, 1984 · Bark, Baskin, Dull, Schwartz
460 So. 2d 563; 10 Fla. L. Weekly 91; 1984 Fla. App. LEXIS 16115 (Southern Reporter, Second Series)

C.H. v. State

Concurring Opinion

SCHWARTZ, Chief Judge

(specially concurring).

I base my conclusion for affirmance explicitly upon Skinner v. State, 450 So.2d 595 (Fla. 5th DCA 1984) and Ballard v. State, 447 So.2d 1040 (Fla. 2d DCA 1984). I thus reject the contrary decision, invoked by the appellant, of Golden v. State, 120 So.2d 651 (Fla. 1st DCA 1960), receded from, Carter v. State (Fla. 1st DCA Case No. AU-45, opinion filed, December 6, 1984). These cases concern the prerequisites for finding a violation of section 790.19, Florida Statutes (1983). (“Whoever, wantonly or maliciously, shoots at, within, or into ... any public or private building, occupied or unoccupied ... shall be guilty of a felony of the second degree -”) C.H. indisputably intentionally fired a shot towards a home which struck the structure. Under Skinner and Ballard, it is immaterial whether, as he contends, he was shooting at a particular person or the building itself.

Opinion of the Court

PER CURIAM.

Affirmed. Skinner v. State, 450 So.2d 595 (Fla. 5th DCA 1984); Delaughter v. State, 341 So.2d 235 (Fla. 3d DCA 1976); Mead v. State, 214 So.2d 514 (Fla. 3d DCA 1968), cert. denied, 222 So.2d 747 (Fla. 1969); § 790.19, Fla.Stat. (1981).

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