Kattick v. State

District Court of Appeal of Florida

Kattick v. State

743 So. 2d 75, 1999 Fla. App. LEXIS 11633, 1999 WL 650593

CourtDistrict Court of Appeal of Florida

DecidedAugust 27, 1999

DocketNo. 98-930

StatusPublished

Cited by1 cases

This text of 743 So. 2d 75 (Kattick 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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Kattick v. State, 743 So. 2d 75, 1999 Fla. App. LEXIS 11633, 1999 WL 650593 (Fla. Ct. App. 1999).

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Opinion

GRIFFIN, J.

Michael Kattick [“Kattick”] appeals his judgment and sentence for first-degree murder.

Kattick principally contends¹ that the trial court erroneously denied his motion for judgment of acquittal because the evidence of premeditation was insufficient. In Cummings v. State, 696 So.2d 1306, 1307 (Fla. 5th DCA 1997), this court found that the defendant’s pursuit of the victim after a heated argument constituted premeditation:

In our case ... there were several eye witnesses [sic] that testified that the victim and Cummings were engaged in a heated argument before the victim walked out of Cummings’ apartment and returned to the vehicle in which he had arrived. After the victim was seated in the vehicle, Cummings came out of his apartment, approached to within a few feet of the victim and shot him several times. We believe that the jury could properly determine that the time it took Cummings to follow the victim out of his apartment and to approach the vehicle was sufficient time to reflect on the nature of the act about to be committed and that Cummings understood the probable result of firing four or five bullets into the victim....

Cummings, 696 So.2d at 1307. In this case, the jury could properly determine the time it took Kattick to follow the victim from the house and shoot her as she fled was sufficient time to reflect on his act and understand the probable result of shooting her in the back.

AFFIRMED.

HARRIS and PETERSON, JJ., concur.

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GRIFFIN, J.

Michael Kattick [“Kattick”] appeals his judgment and sentence for first-degree murder.

Kattick principally contends¹ that the trial court erroneously denied his motion for judgment of acquittal because the evidence of premeditation was insufficient. In Cummings v. State, 696 So.2d 1306, 1307 (Fla. 5th DCA 1997), this court found that the defendant’s pursuit of the victim after a heated argument constituted premeditation:

In our case ... there were several eye witnesses [sic] that testified that the victim and Cummings were engaged in a heated argument before the victim walked out of Cummings’ apartment and returned to the vehicle in which he had arrived. After the victim was seated in the vehicle, Cummings came out of his apartment, approached to within a few feet of the victim and shot him several times. We believe that the jury could properly determine that the time it took Cummings to follow the victim out of his apartment and to approach the vehicle was sufficient time to reflect on the nature of the act about to be committed and that Cummings understood the probable result of firing four or five bullets into the victim....

Cummings, 696 So.2d at 1307. In this case, the jury could properly determine the time it took Kattick to follow the victim from the house and shoot her as she fled was sufficient time to reflect on his act and understand the probable result of shooting her in the back.

AFFIRMED.

HARRIS and PETERSON, JJ., concur.

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743 So. 2d 75, 1999 Fla. App. LEXIS 11633, 1999 WL 650593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kattick-v-state-fladistctapp-1999.

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