M.T.A. v. State

182 So. 3d 689, 2015 Fla. App. LEXIS 18823, 40 Fla. L. Weekly Fed. D 2774
CourtDistrict Court of Appeal of Florida
DecidedDecember 16, 2015
DocketNo. 1D15-2811
StatusPublished

This text of 182 So. 3d 689 (M.T.A. 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.

Bluebook
M.T.A. v. State, 182 So. 3d 689, 2015 Fla. App. LEXIS 18823, 40 Fla. L. Weekly Fed. D 2774 (Fla. Ct. App. 2015).

Opinion

ROBERTS, C.J.

This appeal follows a juvenile delinquency petition charging the appellant, M.T.A., with second-degree felony arson after a shed behind his residence caught fire on December 13, 2014. After an adjudicatory hearing, the appellant was found guilty and sentenced to a term of juvenile probation. The appellant appeals, arguing the trial court erred in denying his motion for judgment of- dismissal. We agree and reverse because the State failed to establish a prima facie case of arson.

On December 13, 2014, the appellant, who was 11 years old, was living with his father in a mobile home on a rented lot in a trailer park. The appellant’s father owned the mobile home along with the shed on the property that sustained fire damage. The appellant’s father left him at home in the care of an older friend. The appellant became bored and went outside alone to explore a junk pile in his yard. He located a blow torch and became curious, behavior not uncommon in an 11-year-old boy. He began lighting items on fire and quickly extinguishing them. The appellant spotted an oscillating fan in the junk pile and decided to set it afire using the blow torch and an aerosol can of lubricant that he found. The appellant testified that the fan was “not that close” to the shed, and all the testimony showed that the fan was not inside or directly touching the shed. The fan caught fire, and the fire quickly got out of control. The fire spread to the grass, and the appellant ran to get his friend to help extinguish it. The appellant testified that, at the time he ran for help, the shed had not yet caught fire. By the time the appellant and his friend returned, the fire had spread to the shed. Their attempts to extinguish the fire were unsuccessful, and the appellant ran across the street to call 911.

When he initially spoke to the Fire Marshall dispatched to investigate the case, the appellant lied about setting the fan on fire. The State makes much of this initial dishonesty, implying an admission of guilt. We believe this dishonesty could equally be viewed as normal behavior of a scared 11-year-old child and do not find it compelling. The appellant did eventually tell the Fire Marshall the truth. The Fire Marshall testified that his investigations regarding the burn patterns and location of the fan were consistent with the appellant’s story. The Fire Marshall agreed that the fire did not start in the shed, but rather started on the grass and spread to the shed.

Defense counsel moved for a judgement of dismissal at the close of the State’s case and again at the close of the evidence. Defense counsel argued that the State had failed to prove the willfulness and unlawfulness of the act and had failed to rebut the appellant’s reasonable hypothesis of innocence that the fire started accidentally. The trial court denied the motions as well as a subsequent motion for rehearing.

The grant of a motion for judgment of dismissal is required only if “ ‘the evidence is insufficient to establish a pri-ma facie case of guilt against the child.’ ” [691]*691C.B.B. v. State, 135 So.3d 1139, 1141 (Fla. 1st DCA 2014) (citing Fla. R. Juv. P. 8.110(k)). We apply the same standard of review to a motion for judgment of dismissal in a juvenile case as we do a motion for judgment of acquittal in a criminal ease. ■ C.B.B., 135 So.3d at 1141 (citations omitted). We review the denial of the motion de novo, with the evidence viewed in the light most favorable to the State. Id.

Section 806.01(2), Florida Statutes (2014) provides:

' Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree[.]

The appellant argues that the State failed to prove that he willfully and unlawfully set the fire that caused the damage to the shed. He argues any proof of intent was circumstantial; therefore, the State failed to rebut his hypothesis of innocence that the shed burned accidentally. The State responds that arson is a general intent crime, and, as such, the State-only had to prove that the appellant intentionally set fire to the shed or did an act that was substantially certain to result in setting fire to the shed.

The intent element of arson has evolved over time. In 1979, section 806.01 was amended to remove malice -from the ■ statute. See Ch. 79-108, § 1, Laws of Fla. (1979) (replacing “willfully and maliciously” with “willfully and unlawfully”)- The Legislature substituted the word “unlawfully” for the word “maliciously” in order to alleviate the perceived difficulty of proving malice or evil intent in order to obtain an arson conviction. See Lofton v. State, 416 So.2d 522, 523 (Fla. 4th DCA 1982), rev. denied, 429 So.2d 6 (Fla.1983), cert. denied, DeAndrea v. Fla., 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983). After the amendment, the State no longer needed to prove evil intent on the part of the perpetrator, but still must show that a willful -act was done unlawfully, -meaning without a legitimate, lawful purpose. See id. See also Berry v. State, 566 So.2d 22, 24 (Fla. 1st DCA 1990), rev. denied 576 So.2d 284 (Fla.1991) (finding the State satisfied the unlawfulness element by- presenting evidence that the appellant intentionally burned his home for the purpose of collecting the fire insurance proceeds). Even if the State arguably met its burden of proving the fire was willfully started using the appellant’s admission, it made no attempt to show that the fire was started unlawfully, i.e., without a legitimate, lawful purpose. While setting a fan on fire out of 'curiosity could hardly be construed as a legitimate purpose, the State made no effort to show that the action was unlawful and, in failing to do so, essentially rewrote the arson statute to remove the element of unlawfulness. Under the State’s position, proof of arson would be satisfied by a defendant’s admission to starting a fire and proof of property damage in the vicinity. , We find- this argument lacking. The State’s brief.sets forth the evolution of the general -intent crime of arson and argues that the appellants subjective intent to damage the shed is immaterial to proving the crime of arson. We agree with the general principles in the eases relied on by the State, but find the State’s interpretation of the cases overlooks some of the factual subtleties that ultimately render those cases distinguishable.

The State cites Linehan v. State, 442 So.2d 244, 245 (Fla. 2d DCA 1983), in which the Second District provided a detailed analysis of whether voluntary intoxication was a defense to arson in section 806.01(1), Florida Statutes (1981). The [692]*692Second District recognized that voluntary-intoxication was a defense to a “specific intent” crime, but was not a defense to arson because arson was a general intent crime. Id. at 246. The use of-the term “willfully” in the-general intent arson statute, without more, simply indicated That the person -must have intended to do the act and served “to distinguish that conduct from accidental (noncriminal) behavior or strict’ liability crimes.”- Id. at 247.

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Related

Linehan v. State
442 So. 2d 244 (District Court of Appeal of Florida, 1983)
Lofton v. State
416 So. 2d 522 (District Court of Appeal of Florida, 1982)
C.B.B. v. State
135 So. 3d 1139 (District Court of Appeal of Florida, 2014)
Berry v. State
566 So. 2d 22 (District Court of Appeal of Florida, 1990)
Knighten v. State
568 So. 2d 1001 (District Court of Appeal of Florida, 1990)
T.E. v. State
701 So. 2d 1237 (District Court of Appeal of Florida, 1997)
N.K.D. v. State
799 So. 2d 428 (District Court of Appeal of Florida, 2001)
DeAndrea v. Florida
464 U.S. 843 (Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
182 So. 3d 689, 2015 Fla. App. LEXIS 18823, 40 Fla. L. Weekly Fed. D 2774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mta-v-state-fladistctapp-2015.