From Casetext: Smarter Legal Research

Castaneda v. State

District Court of Appeal of Florida, Third District
Feb 9, 2000
749 So. 2d 595 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D98-2385.

Opinion filed February 9, 2000.

An appeal from the Circuit Court for Dade County, Jerald Bagley, Judge; L.T. No. 97-1931.

Bennett H. Brummer, Public Defender and Luis Fernandez, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before GODERICH, GREEN, and RAMIREZ, JJ.


The appellant, Luis Castaneda, was convicted and sentenced as a principal to a second degree homicide by virtue of his having aided and abetted in the commission of this offense. Contrary to his argument on appeal, the state's evidence was legally sufficient to establish criminal intent and that the appellant actively participated with the codefendant in the events preceding the victim's murder. See Staten v. State, 519 So.2d 622, 624 (Fla. 1988); Tran v. State, 667 So.2d 812, 813 (Fla. 2d DCA 1995); Williams v. State, 261 So.2d 855, 856 (Fla. 3d DCA 1972). Moreover, the evidence established that the appellant was the one who disposed of the gun and four spent casings after the murder. The denial of his motion for judgment of acquittal in this case was therefore not error. See Lynch v. State, 293 So.2d 44 (Fla. 1974).

Affirmed.


Summaries of

Castaneda v. State

District Court of Appeal of Florida, Third District
Feb 9, 2000
749 So. 2d 595 (Fla. Dist. Ct. App. 2000)
Case details for

Castaneda v. State

Case Details

Full title:LUIS CASTANEDA, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 9, 2000

Citations

749 So. 2d 595 (Fla. Dist. Ct. App. 2000)