Roosevelt Mondesir v. State of Florida

District Court of Appeal of Florida

Roosevelt Mondesir v. State of Florida

166 So. 3d 897, 2015 Fla. App. LEXIS 8474

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 2015

Docket4D13-3154

StatusPublished

This text of 166 So. 3d 897 (Roosevelt Mondesir v. State of Florida) 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

Roosevelt Mondesir v. State of Florida, 166 So. 3d 897, 2015 Fla. App. LEXIS 8474 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

We affirm appellant’s conviction for attempted first degree murder with a weapon, as well as domestic aggravated assault with a deadly weapon, for attempting to kill his ex-girlfriend by dousing her with gasoline and igniting it. Although appellant claims that the evidence was insufficient to prove a premeditated intent to kill, there was more than ample evidence of such an intent. And while it appears that appellant’s best evidence objection to testimony relating the contents of a voice message from appellant may have been properly denied based upon section 90.954(3), Florida Statutes (2013), even if error, the admission of the testimony was harmless beyond a reasonable doubt.

We remand, however, to delete the judgment of conviction’s reference to a “deadly” weapon on the attempted first degree murder charge, as it appears to be a clerical error. The jury verdict found appellant guilty of attempted first degree murder and that he did “actually carry, display, use, threaten to use, or attempt to use a weapon ” during the attempt, which finding was consistent with the charge in the information. Thus, the inclusion of “deadly” in the judgment for attempted murder convicted him of a crime of which the jury did not find him guilty. This correction makes no difference in appellant’s sentence.

Affirmed but remanded to correct judgment of conviction.

WARNER, GROSS and FORST, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction for attempted first degree murder with a weapon, as well as domestic aggravated assault with a deadly weapon, for attempting to kill his ex-girlfriend by dousing her with gasoline and igniting it. Although appellant claims that the evidence was insufficient to prove a premeditated intent to kill, there was more than ample evidence of such an intent. And while it appears that appellant’s best evidence objection to testimony relating the contents of a voice message from appellant may have been properly denied based upon section 90.954(3), Florida Statutes (2013), even if error, the admission of the testimony was harmless beyond a reasonable doubt.

We remand, however, to delete the judgment of conviction’s reference to a “deadly” weapon on the attempted first degree murder charge, as it appears to be a clerical error. The jury verdict found appellant guilty of attempted first degree murder and that he did “actually carry, display, use, threaten to use, or attempt to use a weapon ” during the attempt, which finding was consistent with the charge in the information. Thus, the inclusion of “deadly” in the judgment for attempted murder convicted him of a crime of which the jury did not find him guilty. This correction makes no difference in appellant’s sentence.

Affirmed but remanded to correct judgment of conviction.

WARNER, GROSS and FORST, JJ., concur.

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Bluebook (online)

166 So. 3d 897, 2015 Fla. App. LEXIS 8474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-mondesir-v-state-of-florida-fladistctapp-2015.