Grasso v. State

District Court of Appeal of Florida

Grasso v. State

353 So. 2d 635, 1977 Fla. App. LEXIS 17232

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1977

DocketNo. 76-667

StatusPublished

Cited by1 cases

This text of 353 So. 2d 635 (Grasso v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Grasso v. State, 353 So. 2d 635, 1977 Fla. App. LEXIS 17232 (Fla. Ct. App. 1977).

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Opinion

DREW, E. HARRIS (Ret.),

Associate Judge.

The defendant appeals from a conviction of second degree murder. While he has raised several points on this appeal, there is only one question which requires discussion and that is whether or not there is sufficient evidence to sustain the finding of guilt.

Reviewing the record before us, we find that while there is evidence that the defendant herein had disciplined the deceased child on other occasions prior to his striking the blow which resulted in the child’s demise, there is nothing to show that these acts were of a nature so violent as to establish a basis for inferring that the defendant’s actions evidenced a depraved mind regardless of human life necessary to sustain a conviction of second degree murder.¹ However, the record does establish the defendant’s guilt of manslaughter.²

Therefore, pursuant to Section 924.34, Florida Statutes (1975), the judgment of conviction of second degree murder is reduced to manslaughter and the cause remanded to the trial court for imposition of sentence in accordance herewith.

Remanded with directions.

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DREW, E. HARRIS (Ret.),

Associate Judge.

The defendant appeals from a conviction of second degree murder. While he has raised several points on this appeal, there is only one question which requires discussion and that is whether or not there is sufficient evidence to sustain the finding of guilt.

Reviewing the record before us, we find that while there is evidence that the defendant herein had disciplined the deceased child on other occasions prior to his striking the blow which resulted in the child’s demise, there is nothing to show that these acts were of a nature so violent as to establish a basis for inferring that the defendant’s actions evidenced a depraved mind regardless of human life necessary to sustain a conviction of second degree murder.¹ However, the record does establish the defendant’s guilt of manslaughter.²

Therefore, pursuant to Section 924.34, Florida Statutes (1975), the judgment of conviction of second degree murder is reduced to manslaughter and the cause remanded to the trial court for imposition of sentence in accordance herewith.

Remanded with directions.

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353 So. 2d 635, 1977 Fla. App. LEXIS 17232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grasso-v-state-fladistctapp-1977.

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