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Florida Statute 782.04 - Full Text and Legal Analysis
Florida Statute 782.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 782.04 Case Law from Google Scholar Google Search for Amendments to 782.04

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
782.04 Murder.—
(1)(a) The unlawful killing of a human being:
1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:
a. Trafficking offense prohibited by s. 893.135(1),
b. Arson,
c. Sexual battery,
d. Robbery,
e. Burglary,
f. Kidnapping,
g. Escape,
h. Aggravated child abuse,
i. Aggravated abuse of an elderly person or disabled adult,
j. Aircraft piracy,
k. Unlawful throwing, placing, or discharging of a destructive device or bomb,
l. Carjacking,
m. Home-invasion robbery,
n. Aggravated stalking,
o. Murder of another human being,
p. Resisting an officer with violence to his or her person,
q. Aggravated fleeing or eluding with serious bodily injury or death,
r. Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
s. Human trafficking; or
3. Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user:
a. A substance controlled under s. 893.03(1);
b. Cocaine, as described in s. 893.03(2)(a)4.;
c. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;
d. Methadone;
e. Alfentanil, as described in s. 893.03(2)(b)1.;
f. Carfentanil, as described in s. 893.03(2)(b)6.;
g. Fentanyl, as described in s. 893.03(2)(b)9.;
h. Sufentanil, as described in s. 893.03(2)(b)30.;
i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
j. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-i.,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.
(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) When a human being is killed during the perpetration of, or during the attempt to perpetrate, any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Carjacking,
(m) Home-invasion robbery,
(n) Aggravated stalking,
(o) Murder of another human being,
(p) Aggravated fleeing or eluding with serious bodily injury or death,
(q) Resisting an officer with violence to his or her person, or
(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Unlawful distribution of any substance listed in sub-subparagraphs (1)(a)3.a.-j. by a person 18 years of age or older, when such substance is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user,
(m) Carjacking,
(n) Home-invasion robbery,
(o) Aggravated stalking,
(p) Murder of another human being,
(q) Aggravated fleeing or eluding with serious bodily injury or death,
(r) Resisting an officer with violence to his or her person, or
(s) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)(a) As used in this subsection, the term:
1. “Dangerous fentanyl or fentanyl analogs” means any controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).
2. “Distribute” has the same meaning as in s. 893.02.
(b) The unlawful killing of a human being, when perpetrated without any design to effect death, which resulted from the unlawful distribution by a person less than 18 years of age of any substance or mixture that he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user, is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) As used in this section, the term:
(a) “Substantial factor” means that the use of the substance or mixture alone is sufficient to cause death, regardless of whether any other substance or mixture used is also sufficient to cause death.
(b) “Terrorism” means an activity that:
1.a. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or
b. Involves a violation of s. 815.06; and
2. Is intended to:
a. Intimidate, injure, or coerce a civilian population;
b. Influence the policy of a government by intimidation or coercion; or
c. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.
History.—s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87-243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96-322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001-357; s. 1, ch. 2002-212; s. 12, ch. 2005-128; s. 1, ch. 2010-121; s. 2, ch. 2012-21; s. 4, ch. 2014-176; s. 9, ch. 2015-34; s. 2, ch. 2016-13; s. 2, ch. 2016-24; s. 24, ch. 2016-105; s. 4, ch. 2017-1; s. 7, ch. 2017-37; s. 2, ch. 2017-107; s. 17, ch. 2018-13; ss. 114, 122, ch. 2019-167; s. 1, ch. 2022-129; s. 1, ch. 2023-196; s. 1, ch. 2025-69.

F.S. 782.04 on Google Scholar

F.S. 782.04 on CourtListener

Amendments to 782.04


Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S782.04
R or S next to points is Mandatory Revocation or Suspension

S782.04 MURDER - resulting from the operation of a motor vehicle - Points on Drivers License: 0 R
Arrestable Offenses / Crimes under Fla. Stat. 782.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S782.04 2 - HOMICIDE - MURDER DANGEROUS DEPRAVED W/O PREMEDITATION - F: F
S782.04 3 - HOMICIDE - RENUMBERED. SEE REC # 8930 - F: F
S782.04 4 - HOMICIDE - MURDER NOT PREMEDITATED DURING OTHER FELONY - F: S
S782.04 1a1 - HOMICIDE - MURDER FIRST DEGREE PREMEDITATED - F: C
S782.04 1a2 - HOMICIDE - RENUMBERED. SEE REC # 8867 - F: C
S782.04 1a2a - HOMICIDE - MURDER WHILE ENGAGED IN TRAFFICKING - F: C
S782.04 1a2b - HOMICIDE - MURDER WHILE ENGAGED IN ARSON - F: C
S782.04 1a2c - HOMICIDE - MURDER WHILE ENGAGED IN SEXUAL BATTERY - F: C
S782.04 1a2d - HOMICIDE - MURDER WHILE ENGAGED IN ROBBERY - F: C
S782.04 1a2e - HOMICIDE - MURDER WHILE ENGAGED IN BURGLARY - F: C
S782.04 1a2f - HOMICIDE - MURDER WHILE ENGAGED IN KIDNAPPING - F: C
S782.04 1a2g - HOMICIDE - MURDER WHILE ENGAGED IN ESCAPE - F: C
S782.04 1a2h - HOMICIDE - MURDER WHILE ENGAGED IN AGGRAVATED CHILD ABUSE - F: C
S782.04 1a2i - HOMICIDE - MURDER ENGAGED AGG ABUSE ELDER PERS DISAB ADLT - F: C
S782.04 1a2j - HOMICIDE - MURDER WHILE ENGAGED IN AIRCRAFT PIRACY - F: C
S782.04 1a2k - HOMICIDE - MURDER ENGAGED THROW PLACE DISCH DEST DEV BOMB - F: C
S782.04 1a2l - HOMICIDE - MURDER WHILE ENGAGED IN CARJACKING - F: C
S782.04 1a2m - HOMICIDE - MURDER WHILE ENGAGED IN HOME INVASION ROBBERY - F: C
S782.04 1a2n - HOMICIDE - MURDER WHILE ENGAGED IN AGGRAVATED STALKING - F: C
S782.04 1a2o - HOMICIDE - MURDER WHILE ENGAGED IN MURDER OF ANTHER HUMAN - F: C
S782.04 1a2p - HOMICIDE - MURDER WHILE ENGAGED IN RESIST OFFICER W VIOL - F: C
S782.04 1a2q - HOMICIDE - MURDER ENGAGE AGG FLEE ELUDE SER BOD INJ DEATH - F: C
S782.04 1a2r - HOMICIDE - RENUMBERED. SEE REC #10609 - F: C
S782.04 1a2r - THREAT - TERRORISTIC - STATE OFFENSES - MURDER WHILE ENGAGED IN/FURTHERANCE TERRORISM - F: C
S782.04 1a2s - HOMICIDE - MURDER WHILE ENGAGED IN HUMAN TRAFFICKING - F: C
S782.04 1a3 - HOMICIDE - RENUMBERED. SEE REC # 8921 - F: C
S782.04 1a3a - HOMICIDE - DISTRIBUTE CTRL SUBSTANCE PROX CAUSE DEATH - F: C
S782.04 1a3b - HOMICIDE - DISTRIBUTE COCAINE PROX CAUSE DEATH - F: C
S782.04 1a3c - HOMICIDE - DISTRIBUTE OPIUM PROX CAUSE DEATH - F: C
S782.04 1a3d - HOMICIDE - DISTRIBUTE METHADONE PROX CAUSE DEATH - F: C
S782.04 1a3e - HOMICIDE - DISTRIBUTE ALFENTANIL PROX CAUSE DEATH - F: C
S782.04 1a3f - HOMICIDE - DISTRIBUTE CARFENTANIL PROX CAUSE DEATH - F: C
S782.04 1a3g - HOMICIDE - DISTRIBUTE FENTANYL PROX CAUSE DEATH - F: C
S782.04 1a3h - HOMICIDE - DISTRIBUTE SUFENTANIL PROX CAUSE DEATH - F: C
S782.04 1a3i - HOMICIDE - RENUMBERED. SEE REC # 9574 - F: C
S782.04 1a3i - HOMICIDE - MURDER DISTIB OF METH ANALOG PROX CAUSE DEATH - F: C
S782.04 1a3j - HOMICIDE - MURDER DISTIB CTRL SUB ANALOG PROX CAUSE DEATH - F: C
S782.04 3a - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG TRAFFICKING - F: F
S782.04 3b - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ARSON - F: F
S782.04 3c - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG SEX BATTERY - F: F
S782.04 3d - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ROBBERY - F: F
S782.04 3e - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG BURGLARY - F: F
S782.04 3f - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG KIDNAPPING - F: F
S782.04 3g - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ESCAPE - F: F
S782.04 3h - HOMICIDE - MURDER BY PRSN OTH THN PRSN ENG AGG CHILD ABUS - F: F
S782.04 3i - HOMICIDE - BY OTH TH PRSN ENG AGG ABUS ELD PER DISAB ADLT - F: F
S782.04 3j - HOMICIDE - MURD BY PRSN OTHR THN PERSN ENG AIRCRFT PIRACY - F: F
S782.04 3k - HOMICIDE - MURDER BY PRSN OTHR THN PRSN USE DEST DEV BOMB - F: F
S782.04 3l - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG CARJACKING - F: F
S782.04 3m - HOMICIDE - MURD BY PRSN OTHR THN PRSN ENG HOME INVAS ROBB - F: F
S782.04 3n - HOMICIDE - MURDER BY PRSN OTHR THN PERSN ENG AGG STALKING - F: F
S782.04 3o - HOMICIDE - BY PRSN OTHR THN PRSN ENG MURDER ANOTH HUMAN - F: F
S782.04 3p - HOMICIDE - OTH TH PRSN ENG AGG FLE ELUD SER BOD INJ DEATH - F: F
S782.04 3q - HOMICIDE - BY OTHR THN PERSN ENG RESIST OFFICER W VIOL - F: F
S782.04 3r - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG TERRORISM - F: F
S782.04 5b - HOMICIDE - PERSN LT 18 DISTRB FENTANYL/ANALOG CAUSE DEATH - F: S

Cases Citing Statute 782.04

Total Results: 990

State v. Dixon

283 So. 2d 1

Supreme Court of Florida | Filed: Jul 26, 1973 | Docket: 401064

Cited 576 times | Published

person shall be punished by death." Fla. Stat. § 782.04, F.S.A., the statute under which all the accuseds

Carawan v. State

515 So. 2d 161, 12 Fla. L. Weekly 445

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 1749204

Cited 261 times | Published

shoot at him with a shotgun contrary to Florida Statute 782.04 and 777.04. (Emphasis added.) In contrast

Rutherford v. Moore

774 So. 2d 637, 2000 WL 1508592

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 2518027

Cited 194 times | Published

Florida *644 Statutes (1999),[6] and claims that section 782.04(1), Florida Statutes (1999), the felony-murder

Rozzelle v. Secretary, Florida Department of Corrections

672 F.3d 1000, 2012 U.S. App. LEXIS 4114, 2012 WL 630204

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 2012 | Docket: 1903172

Cited 159 times | Published

Florida Statutes § 782.04(2). This appeal centers around the "depraved mind" mens rea in § 782.04(2), which

State v. Montgomery

39 So. 3d 252, 35 Fla. L. Weekly Supp. 204, 2010 Fla. LEXIS 474, 2010 WL 1372701

Supreme Court of Florida | Filed: Apr 8, 2010 | Docket: 2409713

Cited 156 times | Published

premeditation—a heightened level of intent. Section 782.04(1)(a), Florida Statutes (2005), defines first-degree

Bottoson v. Moore

833 So. 2d 693, 2002 WL 31386790

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1258650

Cited 153 times | Published

Florida, section 782.04(1)(a) defines first-degree murder as *720 a capital felony and section 782.04(1)(b)

Porter v. State

564 So. 2d 1060, 1990 WL 82927

Supreme Court of Florida | Filed: Jun 14, 1990 | Docket: 2504725

Cited 148 times | Published

Premeditation as an element of first-degree murder, § 782.04(1)(a)(1), Fla. Stat. (1985), is a fully-formed

Brown v. State

124 So. 2d 481

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 2520880

Cited 146 times | Published

perpetration of certain felonies as proscribed by Section 782.04, Florida Statutes, F.S.A., the defendant is

Hughes v. State

22 So. 3d 132, 2009 Fla. App. LEXIS 16878, 2009 WL 3787067

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1639735

Cited 145 times | Published

the head with a hatchet in violation of Florida Statute 782.04." He believes that he could not plead nolo

Singer v. State

109 So. 2d 7

Supreme Court of Florida | Filed: Feb 13, 1959 | Docket: 2520506

Cited 139 times | Published

important matter of recommendation of mercy. Under § 782.04, F.S.A., the penalty for first degree murder is

Spencer v. State

645 So. 2d 377, 1994 WL 513570

Supreme Court of Florida | Filed: Sep 22, 1994 | Docket: 1223003

Cited 138 times | Published

murder. We find no merit to this argument. Section 782.04(1)(a), Florida Statutes (1991), defines premeditated

Lightbourne v. State

438 So. 2d 380

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1446349

Cited 138 times | Published

being to this Body unknown, in violation of Florida Statute 782.04. Appellant's (hereinafter defendant) initial

James Adams v. Louie L. Wainwright

709 F.2d 1443

Court of Appeals for the Eleventh Circuit | Filed: Sep 12, 1983 | Docket: 168374

Cited 122 times | Published

certain felonies, including robbery. Fla.Stat.Ann. § 782.04(l)(a). Relying principally on Enmund v.

Jackson v. State

575 So. 2d 181, 1991 WL 6535

Supreme Court of Florida | Filed: Jan 18, 1991 | Docket: 1731140

Cited 117 times | Published

on an underlying armed robbery pursuant to section 782.04(1)(a)(2)(d) of the Florida Statutes (1983)

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

than 60 kilograms.] (3) MURDER—SECOND DEGREE F.S. 782.04(2) [Amended] Before you can find the defendant

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

than 60 kilograms.] (3) MURDER—SECOND DEGREE F.S. 782.04(2) [Amended] Before you can find the defendant

Perkins v. State

576 So. 2d 1310, 1991 WL 33012

Supreme Court of Florida | Filed: Mar 14, 1991 | Docket: 1669839

Cited 112 times | Published

So.2d 537, 539 n. 1 (Fla. 3d DCA 1990) (citing § 782.04, Fla. Stat. (1987)). Had this been the legislature's

Crain v. State

894 So. 2d 59, 2004 WL 2404057

Supreme Court of Florida | Filed: Oct 28, 2004 | Docket: 1767692

Cited 106 times | Published

reciprocal discovery rules and by the enumeration in section 782.04(1)(a)(2), Florida Statutes (2003), of the felonies

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Julie L. Jones, etc.

210 So. 3d 1

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556945

Cited 104 times | Published

is a capital felony in Florida. See Fla. Stat. § 782.04(l)(a) (2010). Under state law, the maximum sentence

Bush v. State

461 So. 2d 936

Supreme Court of Florida | Filed: Nov 29, 1984 | Docket: 1514661

Cited 101 times | Published

... robbery *941... [or] kidnapping... ." Section 782.04(4), Florida Statutes (1981) (emphasis supplied)

Williams v. State

967 So. 2d 735

Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 400950

Cited 100 times | Published

that is not enumerated in subsection (4) of section 782.04. See id.; ž 784.045(2), Fla. Stat. (1993).

John S. Freund v. Robert A. Butterworth, Attorney General

165 F.3d 839, 1999 U.S. App. LEXIS 809, 1999 WL 24620

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 1999 | Docket: 2085742

Cited 93 times | Published

or other sharp instrument, contrary to Florida Statute 782.04(l)(a).” .In fact, around the time of

Donaldson v. State

722 So. 2d 177, 1998 WL 207909

Supreme Court of Florida | Filed: Apr 30, 1998 | Docket: 1241889

Cited 88 times | Published

both of which are enumerated felonies under section 782.04(1)(a)2, Florida Statutes (1993). Likewise,

Chamberlain v. State

881 So. 2d 1087, 2004 WL 1348732

Supreme Court of Florida | Filed: Jun 17, 2004 | Docket: 1465878

Cited 87 times | Published

punishable by death or by life imprisonment); § 782.04(1)(a) (first-degree murder constitutes capital

Griffin v. State

639 So. 2d 966, 1994 WL 318674

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310337

Cited 85 times | Published

the perpetration of" a robbery. Id. at 1051 (see § 782.04(3), Fla. Stat. (1989)). In analyzing this issue

Buford v. State

403 So. 2d 943

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 371817

Cited 85 times | Published

cruel and unusual punishment. We point out that section 782.04, Florida Statutes (1977), defines murder in

David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida

890 F.2d 285, 1989 WL 140400

Court of Appeals for the Eleventh Circuit | Filed: Nov 20, 1989 | Docket: 822762

Cited 83 times | Published

prosecution. The felony murder statute, Fla.Stat. § 782.04 (1976), provides in relevant part that murder

Kearse v. State

662 So. 2d 677, 1995 WL 368410

Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 1282874

Cited 78 times | Published

prove felony murder are limited by statute. See § 782.04(1)(a)2, Fla. Stat. (1991). Thus, a defendant also

Bradley v. State

787 So. 2d 732, 2001 WL 197024

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1495764

Cited 77 times | Published

03(3), Fla. Stat. (1995) (conspiracy statute); § 782.04, Fla. Stat. (1995) (murder statute). Conspiracy

Pope v. State

679 So. 2d 710, 1996 WL 498599

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665825

Cited 76 times | Published

included in the indictment or information. [6] Section 782.04(4), Florida Statutes (1991), defines third-degree

Roberts v. State

510 So. 2d 885, 12 Fla. L. Weekly 325

Supreme Court of Florida | Filed: Jul 2, 1987 | Docket: 1593209

Cited 76 times | Published

upon which to base a felony murder conviction. Section 782.04(1)(a), Florida Statutes (1983) provides, in

State v. Pinder

375 So. 2d 836

Supreme Court of Florida | Filed: Jul 5, 1979 | Docket: 1352800

Cited 76 times | Published

MURDER AND AN UNDERLYING FELONY ENUMERATED IN § 782.04(1) WHERE: (A) THE DEFENDANT IS CHARGED WITH PREMEDITATED

Henyard v. State

689 So. 2d 239, 1996 WL 726875

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 2452157

Cited 75 times | Published

counts of first-degree murder in violation of section 782.04(1)(a), Florida Statutes (1995). After a penalty

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

FELONY MURDER — FIRST DEGREE F.S. 782.04(1)(a) Before you can find the

Aubrey Dennis Adams v. Louie L. Wainwright, and Jim Smith

764 F.2d 1356, 1985 U.S. App. LEXIS 30797

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 1985 | Docket: 572744

Cited 72 times | Published

Trisa Gail Thornley ... in violation of Florida Statute 782.04. The charge of premeditated murder

Leronnie Lee Walton v. State of Florida

208 So. 3d 60, 41 Fla. L. Weekly Supp. 587, 2016 Fla. LEXIS 2598

Supreme Court of Florida | Filed: Dec 1, 2016 | Docket: 4546941

Cited 71 times | Published

crime of attempted manslaughter by act. Compare § 782.04(2), Fla. Stat. (2008) (defining second-degree

Anthony Bertolotti v. Richard Dugger, Secretary, Florida Department of Corrections

883 F.2d 1503, 1989 U.S. App. LEXIS 13116, 1989 WL 102436

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 1989 | Docket: 306623

Cited 70 times | Published

death-eligible crimes under Florida law, Fla.Stat. Ann. § 782.04(l)(a); by a vote of nine to three, the jury recommended

Knight v. State

338 So. 2d 201

Supreme Court of Florida | Filed: Sep 30, 1976 | Docket: 1511872

Cited 69 times | Published

felonies enumerated in the felony murder statute, section 782.04(1)(a), Florida Statutes. The crime for which

Brooks v. State

918 So. 2d 181, 2005 WL 1475401

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 1361360

Cited 68 times | Published

battery, robbery, burglary, and kidnapping. See § 782.04(1)(a)2., Fla. Stat. (1983). Florida's felony murder

Garcia v. State

492 So. 2d 360, 11 Fla. L. Weekly 251

Supreme Court of Florida | Filed: Jun 5, 1986 | Docket: 478249

Cited 68 times | Published

attempted first-degree murder was in violation of section 782.04, Florida Statutes (1981). Appellant filed a

State v. Baker

456 So. 2d 419

Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 1447524

Cited 68 times | Published

him with first-degree premeditated murder, section 782.04, Florida Statutes (1979), and with use of a

Blanco v. State

706 So. 2d 7, 1997 WL 575323

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 1682669

Cited 67 times | Published

view adopted by the trial court."). [17] See § 782.04, Fla. Stat. (1993). [18] See § 921.141(5)(d)

Alford v. State

307 So. 2d 433

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 2467682

Cited 66 times | Published

constitutionality of the Florida murder statute, Fla. Stat. § 782.04 and § 921.141, F.S.A., which we upheld in State

Larry v. State

104 So. 2d 352

Supreme Court of Florida | Filed: Jul 11, 1958 | Docket: 1312670

Cited 65 times | Published

the perpetration of the felonies set forth in § 782.04, Florida Statutes, F.S.A., may be shown under

Coolen v. State

696 So. 2d 738, 1997 WL 268909

Supreme Court of Florida | Filed: May 22, 1997 | Docket: 1696110

Cited 61 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1995).

Mahaun v. State

377 So. 2d 1158

Supreme Court of Florida | Filed: Dec 13, 1979 | Docket: 423126

Cited 61 times | Published

of third-degree felony murder, set forth in section 782.04(4), is unconstitutionally vague because it

Philmore v. McNeil

575 F.3d 1251, 2009 U.S. App. LEXIS 17051, 2009 WL 2181682

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 2009 | Docket: 173292

Cited 60 times | Published

valued at $300 or more but less than $5000) and § 782.04(l)(a)l (requiring a premeditated design to effect

Donaldson v. Sack

265 So. 2d 499

Supreme Court of Florida | Filed: Jul 17, 1972 | Docket: 1724271

Cited 60 times | Published

for murder in the first degree under Fla. Stat. § 782.04, F.S.A. Immediately prior to the commencement

Satz v. Perlmutter

362 So. 2d 160

District Court of Appeal of Florida | Filed: Sep 13, 1978 | Docket: 1293654

Cited 58 times | Published

human being under the Florida Murder Statute Section 782.04, Florida Statutes (1977) or Manslaughter under

Fowler v. State

255 So. 2d 513

Supreme Court of Florida | Filed: Dec 8, 1971 | Docket: 1431536

Cited 57 times | Published

crime of murder in the first degree [Fla. Stat. § 782.04(1), F.S.A.] without a recommendation of mercy

Voorhees v. State

699 So. 2d 602, 1997 WL 332176

Supreme Court of Florida | Filed: Jun 19, 1997 | Docket: 468153

Cited 55 times | Published

first-degree murder under a felony-murder theory. See § 782.04, Fla. Stat. (1991). Voorhees admitted in his confession

Hall v. Wainwright

733 F.2d 766, 1984 U.S. App. LEXIS 22435

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1984 | Docket: 434209

Cited 53 times | Published

on a felony murder theory. Therefore, only section 782.04(a)(1) is applicable.

Heath v. State

3 So. 3d 1017, 34 Fla. L. Weekly Supp. 95, 2009 Fla. LEXIS 134, 2009 WL 196349

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 1652884

Cited 51 times | Published

thereby rendering the crime felony murder. See § 782.04(1)(a), Fla. Stat. (1989). The record here demonstrates

Deparvine v. State

995 So. 2d 351, 2008 WL 4380919

Supreme Court of Florida | Filed: Sep 29, 2008 | Docket: 1684767

Cited 50 times | Published

in such cases made and provided, to-wit: Florida Statute 782.04(1)/775.087(2), and COUNT TWO The Grand

Lamont v. State

610 So. 2d 435, 1992 WL 381740

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1734783

Cited 50 times | Published

convicted of second-degree murder pursuant to section 782.04(2), Florida Statutes (1989), a first-degree

Johnny Lee Futch v. Richard L. Dugger

874 F.2d 1483, 1989 U.S. App. LEXIS 8135, 1989 WL 52954

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 1989 | Docket: 499914

Cited 50 times | Published

murder in the third degree.... Fla.Stat.Ann. § 782.04(4) (West 1976). The district court found petitioner

Jefferson v. State

128 So. 2d 132

Supreme Court of Florida | Filed: Mar 24, 1961 | Docket: 1695222

Cited 50 times | Published

attempt to perpetrate the crime of robbery. Section 782.04, F.S.A. It is contended, however, that the

McCloud v. State

335 So. 2d 257

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1306280

Cited 49 times | Published

the robbery sentence must be vacated. Under Section 782.04(1)(a), Florida Statutes (1975), McCloud was

Pearce v. State

880 So. 2d 561, 2004 WL 1469337

Supreme Court of Florida | Filed: Jul 1, 2004 | Docket: 1689202

Cited 48 times | Published

the attempt to perpetrate, any ... kidnapping." § 782.04(1), Fla. Stat. (1999). A trial court should not

Amos Lee King, Jr. v. Charles G. Strickland, Jr., Warden, Florida State Penitentiary, Louie L. Wainwright, and Jim Smith, Attorney General

714 F.2d 1481, 1983 U.S. App. LEXIS 24307

Court of Appeals for the Eleventh Circuit | Filed: Sep 2, 1983 | Docket: 479393

Cited 47 times | Published

require a showing of intent to kill. Fla.Stat.Ann. § 782.-04(1). King did not raise this point to the Florida

Baker v. State

71 So. 3d 802, 36 Fla. L. Weekly Supp. 395, 2011 Fla. LEXIS 1568, 2011 WL 2637418

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60303159

Cited 46 times | Published

premeditated murder and first-degree felony murder. See § 782.04(l)(a)l.-2., Fla. Stat. (2006). . Spencer v.

Adams v. State

341 So. 2d 765

Supreme Court of Florida | Filed: Dec 16, 1976 | Docket: 2461646

Cited 45 times | Published

degree felony murder provision specified in Section 782.04(1)(a), Florida Statutes (1973). In its most

Calvin Carlos Campbell v. Louie L. Wainwright, Secretary, Department of Corrections

738 F.2d 1573, 1984 U.S. App. LEXIS 19393, 16 Fed. R. Serv. 135

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 1984 | Docket: 103374

Cited 42 times | Published

discussed above. 8 . Fla.Stat. § 782.04 defines murder as an "unlawful killing____perpetrated

Tafero v. State

403 So. 2d 355

Supreme Court of Florida | Filed: Jun 11, 1981 | Docket: 1250548

Cited 42 times | Published

result of one of the felonies enumerated in section 782.04(1), we hold that the defendant may not be convicted

Mendenhall v. State

48 So. 3d 740, 35 Fla. L. Weekly Supp. 631, 2010 Fla. LEXIS 1788, 2010 WL 4237573

Supreme Court of Florida | Filed: Oct 28, 2010 | Docket: 5987

Cited 41 times | Published

murder with a firearm, a second-degree felony. § 782.04(2), Fla. Stat. (2004); § 777.04(4)(e), Fla. Stat

Pressley v. State

395 So. 2d 1175

District Court of Appeal of Florida | Filed: Mar 3, 1981 | Docket: 1318125

Cited 40 times | Published

have been reduced to manslaughter, we look to Section 782.04(2), Florida Statutes (1979), which defines

Pena v. State

901 So. 2d 781, 2005 WL 425408

Supreme Court of Florida | Filed: Feb 24, 2005 | Docket: 1666214

Cited 39 times | Published

DRUG-DISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), WHEN IT

State v. Florida

894 So. 2d 941

Supreme Court of Florida | Filed: Feb 17, 2005 | Docket: 1761957

Cited 39 times | Published

Statutes (2004), which defines attempt, and section 782.04(2), Florida Statutes (2004), which defines

Mikenas v. State

367 So. 2d 606

Supreme Court of Florida | Filed: Nov 9, 1978 | Docket: 639468

Cited 39 times | Published

reserved the right to appeal the applicability of Section 782.04(3), Florida Statutes (1975), the second-degree

Hamilton v. State

109 So. 2d 422

District Court of Appeal of Florida | Filed: Mar 3, 1959 | Docket: 446353

Cited 38 times | Published

innocence and innocence by reason of insanity. Section 782.04, Fla. Stat., F.S.A., defines murder as: "The

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

attempted to commit a felony enumerated in section 782.04(3). Section 782.051(2), Fla. Stat., applies

McCrae v. State

395 So. 2d 1145

Supreme Court of Florida | Filed: Apr 9, 1981 | Docket: 365974

Cited 36 times | Published

protection of law when he was charged under section 782.04(1)(a), Florida Statutes (1975), the first degree

State v. Tait

387 So. 2d 338

Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 1355571

Cited 36 times | Published

ALDERMAN and McDONALD, JJ., concur. NOTES [1] Section 782.04(2), Florida Statutes (1975): The unlawful

Rojas v. State

552 So. 2d 914, 1989 WL 141729

Supreme Court of Florida | Filed: Nov 22, 1989 | Docket: 1200702

Cited 35 times | Published

excludes justifiable and excusable homicides), § 782.04(2), Fla. Stat. (1985). This affirmative finding

Battle v. State

911 So. 2d 85, 2005 WL 2095673

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 476671

Cited 34 times | Published

drug distribution first-degree murder under section 782.04(1)(a)(3) when it was undisputed that defendant

Battle v. State

911 So. 2d 85, 2005 WL 2095673

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 476671

Cited 34 times | Published

drug distribution first-degree murder under section 782.04(1)(a)(3) when it was undisputed that defendant

Bates v. State

465 So. 2d 490, 10 Fla. L. Weekly 97

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 1695039

Cited 34 times | Published

the statutory definition of first-degree murder. § 782.04(1)(a), Fla. Stat. (1981)). The evidence showed

Lukehart v. State

776 So. 2d 906, 2000 WL 1424534

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 1521337

Cited 33 times | Published

478-79, 86 S.Ct. 1602 (emphasis added). [7] Section 782.04, Florida Statutes (1995), defines first-degree

Thomas Knight A/k/a, Askari Abdullah Muhammad v. Richard L. Dugger and Tom Barton

863 F.2d 705

Court of Appeals for the Eleventh Circuit | Filed: Aug 23, 1989 | Docket: 1110019

Cited 33 times | Published

perpetration of any of the felonies mentioned in F.S.A. § 782.04 or was committed with a premeditated design, Southworth

Baker v. State

425 So. 2d 36

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1182148

Cited 33 times | Published

relevant to the present case, as defined in section 782.04(1)(a), Florida Statutes (1981), are: (i) the

Enmund v. State

399 So. 2d 1362

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 2460382

Cited 33 times | Published

crimes, the degrees of homicide were defined by section 782.04, Florida Statutes (1973). The definitions of

Coicou v. State

39 So. 3d 237, 35 Fla. L. Weekly Supp. 194, 2010 Fla. LEXIS 515, 2010 WL 1234922

Supreme Court of Florida | Filed: Apr 1, 2010 | Docket: 60294862

Cited 32 times | Published

Florida Statutes (2001), defining attempt, and section 782.04(2), Florida Statutes (2001), defining second-degree

Coicou v. State

39 So. 3d 237, 35 Fla. L. Weekly Supp. 194, 2010 Fla. LEXIS 515, 2010 WL 1234922

Supreme Court of Florida | Filed: Apr 1, 2010 | Docket: 60294862

Cited 32 times | Published

Florida Statutes (2001), defining attempt, and section 782.04(2), Florida Statutes (2001), defining second-degree

State v. Sigler

967 So. 2d 835, 2007 WL 2947773

Supreme Court of Florida | Filed: Oct 11, 2007 | Docket: 1733664

Cited 32 times | Published

Sigler of second-degree murder. Pursuant to section 782.04(2), Florida Statutes (1997), a conviction of

Jimenez v. State

703 So. 2d 437, 1997 WL 672785

Supreme Court of Florida | Filed: Oct 30, 1997 | Docket: 2518326

Cited 32 times | Published

trial was conducted October 6, 1994. [8] See § 782.04(4), Fla. Stat. (1995) (third-degree felony-murder)

Fowler v. State

492 So. 2d 1344

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 478519

Cited 32 times | Published

or in the attempt to perpetrate ... robbery." § 782.04(1)(a), Fla. Stat. (1983). To convict for armed

Linehan v. State

442 So. 2d 244

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 18334

Cited 32 times | Published

and for first degree (felony) murder under section 782.04(1)(a), Florida Statutes (1981). The jury found

Mitchell v. State

25 So. 2d 73, 157 Fla. 121, 1946 Fla. LEXIS 676

Supreme Court of Florida | Filed: Mar 1, 1946 | Docket: 3270313

Cited 32 times | Published

and murder him . . ." Appellant contends that Section 782.04, Fla. Stats. 1941 (F.S.A.), defines murder

Perez v. State

919 So. 2d 347, 2005 WL 2782589

Supreme Court of Florida | Filed: Jan 5, 2006 | Docket: 1269629

Cited 30 times | Published

indictment also charged Perez with violating section 782.04(1)(a) of the Florida Statutes, which encompasses

Abelardo Baez, Angel Baez v. Wells Fargo Armored Service Corp., a Corp. Doing Business in the State of Florida

938 F.2d 180, 30 Wage & Hour Cas. (BNA) 778, 1991 U.S. App. LEXIS 17965, 1991 WL 135487

Court of Appeals for the Eleventh Circuit | Filed: Aug 9, 1991 | Docket: 320941

Cited 30 times | Published

regulation to which we owe deference, 29 C.F.R. § 782.4. See Levinson v. Spector Motor Service

Dougan v. State

470 So. 2d 697, 10 Fla. L. Weekly 302

Supreme Court of Florida | Filed: May 30, 1985 | Docket: 1262063

Cited 30 times | Published

third-degree murder, which is solely felony murder. § 782.04(4), Fla. Stat. (1975). The state then insisted

Dougan v. State

470 So. 2d 697, 10 Fla. L. Weekly 302

Supreme Court of Florida | Filed: May 30, 1985 | Docket: 1262063

Cited 30 times | Published

third-degree murder, which is solely felony murder. § 782.04(4), Fla. Stat. (1975). The state then insisted

Brown v. State

454 So. 2d 596

District Court of Appeal of Florida | Filed: Jun 28, 1984 | Docket: 444313

Cited 30 times | Published

Second degree murder is defined in Florida Statute § 782.04(2) thusly: The unlawful killing of a human being

Fleming v. State

374 So. 2d 954

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 412773

Cited 30 times | Published

indictment: (I) first degree murder of Deputy Yahl, section 782.04(1)(a), Florida Statutes; (II) second degree

Antoine v. State

138 So. 3d 1064, 2014 WL 1796099, 2014 Fla. App. LEXIS 6716

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240462

Cited 28 times | Published

effect the death of any particular individual.” § 782.04(2), Fla. Stat. (2009). Within this context, an

TAI A. PHAM v. State

70 So. 3d 485, 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2356724

Cited 28 times | Published

murder under a theory of premeditated murder. See § 782.04(1)(a)1., Fla. Stat. (2005) ("The unlawful killing

TAI A. PHAM v. State

70 So. 3d 485, 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2356724

Cited 28 times | Published

murder under a theory of premeditated murder. See § 782.04(1)(a)1., Fla. Stat. (2005) ("The unlawful killing

Kirkland v. State

684 So. 2d 732, 1996 WL 606745

Supreme Court of Florida | Filed: Oct 24, 1996 | Docket: 1482358

Cited 28 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1991). We find that the record

Streeter v. State

416 So. 2d 1203

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 1654876

Cited 28 times | Published

the second degree [here third-degree murder, see § 782.04(4), Fla. Stat. (1979)], the felony can be reclassified

Tucker v. State

417 So. 2d 1006

District Court of Appeal of Florida | Filed: Jun 22, 1982 | Docket: 2514888

Cited 28 times | Published

shooting him with a firearm, in violation of Florida Statute 782.04, to the evil example of all others in like

Tucker v. State

417 So. 2d 1006

District Court of Appeal of Florida | Filed: Jun 22, 1982 | Docket: 2514888

Cited 28 times | Published

shooting him with a firearm, in violation of Florida Statute 782.04, to the evil example of all others in like

Jones v. State

360 So. 2d 1293

District Court of Appeal of Florida | Filed: Jul 18, 1978 | Docket: 1738712

Cited 28 times | Published

distributing heroin to her in violation of Section 782.04(1)(a), Florida Statutes, (1975).[1] He was

State v. Ashley

701 So. 2d 338, 1997 WL 674215

Supreme Court of Florida | Filed: Oct 30, 1997 | Docket: 1470394

Cited 27 times | Published

teenager committed third-degree murder under section 782.04, Florida Statutes (1993); and further, because

State v. Jones

377 So. 2d 1163

Supreme Court of Florida | Filed: Dec 13, 1979 | Docket: 423289

Cited 27 times | Published

murder conviction: premeditation and felony murder. § 782.04, Fla. Stat. (1977). Initially courts spoke of

Standard Jury Instructions in Crim. Cases

636 So. 2d 502, 19 Fla. L. Weekly Supp. 244, 1994 Fla. LEXIS 654, 1994 WL 164596

Supreme Court of Florida | Filed: May 5, 1994 | Docket: 1715217

Cited 25 times | Published

(PREMEDITATED) F.S. 782.04(1)(a) and

Ada Anisia Lopez-Amaro v. Immigration and Naturalization Service

25 F.3d 986, 1994 U.S. App. LEXIS 16983

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1994 | Docket: 539225

Cited 24 times | Published

sections 782.04 and 775.087. The first statute, section 782.04 proscribes the offense of first degree murder

Gonzalez v. State

449 So. 2d 882

District Court of Appeal of Florida | Filed: Apr 10, 1984 | Docket: 1325444

Cited 24 times | Published

which would make the killing first-degree murder. § 782.04(4), Fla. Stat. (1981). Trafficking in narcotics

Hawkins v. State

436 So. 2d 44

Supreme Court of Florida | Filed: Jul 14, 1983 | Docket: 2465915

Cited 24 times | Published

___, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982); § 782.04(1)(a), Fla. Stat. (1979). The felony murder convictions

Darty v. State

161 So. 2d 864

District Court of Appeal of Florida | Filed: Mar 4, 1964 | Docket: 426805

Cited 24 times | Published

is murder in the second degree. See Fla. Stat. § 782.04, F.S.A.; Ramsey v. State, 1934, 114 Fla. 766,

Caylor v. State

78 So. 3d 482, 36 Fla. L. Weekly Supp. 615, 2011 Fla. LEXIS 2572, 2011 WL 5082614

Supreme Court of Florida | Filed: Oct 27, 2011 | Docket: 60305071

Cited 23 times | Published

and felony murder theories of the offense), see § 782.04(l)(a)l.-2., Fla. Stat. (2008), sexual battery

Caylor v. State

78 So. 3d 482, 36 Fla. L. Weekly Supp. 615, 2011 Fla. LEXIS 2572, 2011 WL 5082614

Supreme Court of Florida | Filed: Oct 27, 2011 | Docket: 60305071

Cited 23 times | Published

and felony murder theories of the offense), see § 782.04(l)(a)l.-2., Fla. Stat. (2008), sexual battery

United States v. Rafael Sanchez and Luis Sanchez

992 F.2d 1143, 1993 U.S. App. LEXIS 13202, 1993 WL 164983

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 1993 | Docket: 595365

Cited 23 times | Published

conduct violated either 18 U.S.C. § 1111 or Section 782.04, Florida Statutes (1988), the applicable federal

Ortagus v. State

500 So. 2d 1367, 12 Fla. L. Weekly 239

District Court of Appeal of Florida | Filed: Jan 6, 1987 | Docket: 1295072

Cited 23 times | Published

crimes and set punishments. Id. According to Section 782.04, Florida Statutes (1983), murder in the first

Williams v. State

188 So. 2d 320

District Court of Appeal of Florida | Filed: Jun 24, 1966 | Docket: 1743687

Cited 23 times | Published

distinguished from lesser degrees of homicide. F.S. Section 782.04 F.S.A. makes it murder in the first degree

Williams v. State

188 So. 2d 320

District Court of Appeal of Florida | Filed: Jun 24, 1966 | Docket: 1743687

Cited 23 times | Published

distinguished from lesser degrees of homicide. F.S. Section 782.04 F.S.A. makes it murder in the first degree

Roberts v. State

164 So. 2d 817

Supreme Court of Florida | Filed: Mar 6, 1964 | Docket: 1395167

Cited 23 times | Published

committed in the perpetration of a robbery. Section 782.04, Florida Statutes, F.S.A. We see no reason

Linda Michael v. James Crosby

430 F.3d 1310, 2005 U.S. App. LEXIS 25038, 2005 WL 3098893

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 2005 | Docket: 213107

Cited 22 times | Published

was life imprisonment. See Fla. Stat. § 782.04(2) (1991) (providing that second-degree murder

Diaz v. State

860 So. 2d 960, 2003 WL 22097440

Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 1511598

Cited 22 times | Published

the conviction of first-degree murder under section 782.04(1)(a)1, Florida Statutes (1997). Section 921

Cabberiza v. Moore

217 F.3d 1329, 2000 U.S. App. LEXIS 15877, 2000 WL 955423

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2000 | Docket: 212426

Cited 22 times | Published

"capital felony,” in violation of Fla. Stat. Ann. § 782.04 (West 2000). As a result, they were entitled to

Gore v. Secretary for the Department of Corrections

492 F.3d 1273, 20 Fla. L. Weekly Fed. C 873

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 2007 | Docket: 398944

Cited 21 times | Published

Fla. Stat. § 782.04, premeditated murder is a capital offense. [45] Fla. Stat. § 782.04 provides that

State v. Whitehead

472 So. 2d 730, 10 Fla. L. Weekly 354

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 1793606

Cited 21 times | Published

(1981)[2] from a first-degree felony pursuant to section 782.04(2), Florida Statutes (1981), to a life felony

McCrae v. Wainwright

439 So. 2d 868

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1265883

Cited 21 times | Published

possible underlying felonies, including "rape." § 782.04(1)(a), Fla. Stat. (1973). Therefore, it was not

Dupree v. State

615 So. 2d 713, 1993 WL 2968

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1185310

Cited 20 times | Published

of the victim, that is, second degree murder. § 782.04(2), Fla. Stat. (1991). Under the rationale of

Anderson v. Walthal

468 So. 2d 291, 10 Fla. L. Weekly 790

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 1402757

Cited 20 times | Published

prohibited in said statute are now covered either by section 782.04 (the statute describing the degrees of murder)

Damon v. State

397 So. 2d 1224

District Court of Appeal of Florida | Filed: May 12, 1981 | Docket: 1357347

Cited 20 times | Published

entirely and mutually inconsistent. In fact, under Section 782.04(4), Fla. Stat. (1975), third degree murder

Dawson v. State

139 So. 2d 408

Supreme Court of Florida | Filed: Mar 23, 1962 | Docket: 532752

Cited 20 times | Published

Fla. 26, 161 So. 840. [4] § 782.04, F.S., paragraph 3, F.S.A. [5] § 782.04, F.S., paragraph 1, F.S.A

Shere v. Moore

830 So. 2d 56, 2002 WL 31026973

Supreme Court of Florida | Filed: Sep 12, 2002 | Docket: 471443

Cited 19 times | Published

during the course of a felony enumerated in section 782.04(1)(a)2, Florida Statutes (1987). When a defendant

Hermanson v. State

604 So. 2d 775, 1992 WL 148245

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1686460

Cited 19 times | Published

degree... . The third-degree murder provision of section 782.04(4), Florida Statutes (1985), provides that

O'BRIEN v. State

454 So. 2d 675

District Court of Appeal of Florida | Filed: Jul 26, 1984 | Docket: 444617

Cited 19 times | Published

are the felony murder offenses described in section 782.04(1)(a)2. and (3) and (4), Florida Statutes,

Aldridge v. State

351 So. 2d 942

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 383849

Cited 19 times | Published

form of murder described as "first degree" in Section 782.04(1)(a), Florida Statutes (1973). There was no

Sawyer v. State

313 So. 2d 680

Supreme Court of Florida | Filed: Feb 19, 1975 | Docket: 235305

Cited 19 times | Published

vagueness of the felony murder provisions of Section 782.04, Florida Statutes, are without merit and have

Hall v. State

951 So. 2d 91, 2007 WL 750523

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280533

Cited 18 times | Published

death but only requires "a depraved mind." See § 782.04(2), Fla. Stat. (1999); Fla. Std. Jury Instr. (Crim

Hall v. State

951 So. 2d 91, 2007 WL 750523

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280533

Cited 18 times | Published

death but only requires "a depraved mind." See § 782.04(2), Fla. Stat. (1999); Fla. Std. Jury Instr. (Crim

Marshall v. Crosby

911 So. 2d 1129, 2005 WL 1243417

Supreme Court of Florida | Filed: May 26, 2005 | Docket: 1751798

Cited 18 times | Published

premeditated murder under section 782.04(1)(a)(1), or felony murder under section 782.04(1)(a)(2), or both.

State v. Grinage

656 So. 2d 457, 1995 WL 298932

Supreme Court of Florida | Filed: May 18, 1995 | Docket: 1283702

Cited 18 times | Published

certified to be of great public importance: 1. IS SECTION 782.04(1)(a)2 A PROPER VEHICLE FOR FILING A CHARGE

Rigdon v. State

621 So. 2d 475, 1993 WL 174881

District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 1265405

Cited 18 times | Published

the appropriate punishment, and contrary to section 782.04(1)(a), Florida Statutes (1991), which defines

Hoefert v. State

617 So. 2d 1046, 1993 WL 64614

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 457879

Cited 18 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1987). Based upon the record in

Weber v. State

602 So. 2d 1316, 1992 WL 150869

District Court of Appeal of Florida | Filed: Jul 2, 1992 | Docket: 1321554

Cited 18 times | Published

GRIFFIN and DIAMANTIS, JJ., concur. NOTES [1] § 782.04, Fla. Stat. (1981). [2] § 782.07, Fla. Stat.

Parker v. State

570 So. 2d 1048, 1990 WL 188960

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 1704156

Cited 18 times | Published

felony is guilty of murder in the second degree." § 782.04(3), F.S. (1989) (emphasis added). The term "in

Overfelt v. State

434 So. 2d 945

District Court of Appeal of Florida | Filed: May 11, 1983 | Docket: 1693091

Cited 18 times | Published

exist. Murder in the third degree is defined in Section 782.04(4), Florida Statutes (1981), as follows: (4)

Dorminey v. State

314 So. 2d 134

Supreme Court of Florida | Filed: Apr 16, 1975 | Docket: 1420571

Cited 18 times | Published

Judicial Circuit upholding the constitutionality of F.S. 782.04 and transferred to this Court by the District

Parrish v. State

97 So. 2d 356

District Court of Appeal of Florida | Filed: Oct 15, 1957 | Docket: 458354

Cited 18 times | Published

a depraved mind regardless of human life." Section 782.04, F.S.A. As used in the statute the word "act"

Hornbeck v. State

77 So. 2d 876

Supreme Court of Florida | Filed: Mar 9, 1955 | Docket: 1764132

Cited 18 times | Published

of murder in the first degree, as defined by Section 782.04, Fla. Stat., F.S.A., the statute under which

Haygood v. State

109 So. 3d 735, 38 Fla. L. Weekly Supp. 93, 2013 WL 535412, 2013 Fla. LEXIS 261

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229787

Cited 17 times | Published

evincing a depraved mind regardless of human life.” § 782.04(2), Fla. Stat. (2012). And there is no evidentiary

Robinson v. State

37 So. 3d 921, 2010 Fla. App. LEXIS 7719, 2010 WL 2219195

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 369203

Cited 17 times | Published

of second-degree murder with a firearm under section 782.04(2), Florida Statutes (2006). Second-degree

In Re Standard Jury Inst. in Criminal Cases-Report No. 2008-05

994 So. 2d 1038, 33 Fla. L. Weekly Supp. 836, 2008 Fla. LEXIS 1974, 2008 WL 4587203

Supreme Court of Florida | Filed: Oct 16, 2008 | Docket: 1219604

Cited 17 times | Published

participate. APPENDIX 7.2 MURDER—FIRST DEGREE § 782.04(1)(a), Fla. Stat. When there will be instructions

Larry Joe Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections

932 F.2d 1360

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 1991 | Docket: 2317703

Cited 17 times | Published

Ct. at 555. 70 . Fla.Stat.Ann. § 782.04(1). 71 . See Proffitt v

Hernandez v. Wainwright

634 F. Supp. 241, 1986 U.S. Dist. LEXIS 26038

District Court, S.D. Florida | Filed: Apr 30, 1986 | Docket: 2510587

Cited 17 times | Published

conviction of first degree murder under Fla.Sta. Section 782.04 does not require a robbery but may be based

Green v. State

475 So. 2d 235, 10 Fla. L. Weekly 467

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1301864

Cited 17 times | Published

proximate cause of the death of the user... . Section 782.04(1)(a), Florida Statutes (1983). Third-degree

Briggs v. State

455 So. 2d 519

District Court of Appeal of Florida | Filed: Aug 17, 1984 | Docket: 1316284

Cited 17 times | Published

degree with the use of a firearm in violation of section 782.04(2), Florida Statutes. On appeal, he urges that

Hines v. State

227 So. 2d 334

District Court of Appeal of Florida | Filed: Oct 23, 1969 | Docket: 376145

Cited 17 times | Published

design to effect the death of a human being. Section 782.04(1), Florida Statutes Annotated. There is no

Bigham v. State

995 So. 2d 207, 2008 WL 2678052

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1684731

Cited 16 times | Published

individual." Hoefert, 617 So.2d at 1050 (quoting § 782.04(2), Fla. Stat. (1987)). State's Alleged Improper

Light v. State

841 So. 2d 623, 2003 WL 1785923

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1234093

Cited 16 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1999). As explained in the standard

State v. Dene

533 So. 2d 265, 1988 WL 117319

Supreme Court of Florida | Filed: Sep 1, 1988 | Docket: 1232611

Cited 16 times | Published

Furman[3] decision, the legislature revised section 782.04 and enacted section 921.141, Florida Statutes

United States v. Fernando Fernandez, Rafael Enrique Franjul, A/K/A Frank Sinatra, Defendants

797 F.2d 943, 21 Fed. R. Serv. 557, 1986 U.S. App. LEXIS 29017

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1986 | Docket: 970756

Cited 16 times | Published

unlawfully kill Rogelio. See Fla. Stat.Ann. § 782.04 (Supp.1986) (Florida murder statute). Fernandez

Dunn v. State

454 So. 2d 641

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 64190

Cited 16 times | Published

unlawful homicide charged (first degree murder, § 782.04(1)(a)1., Fla. Stat.). The State did present a

Gains v. State

417 So. 2d 719

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 1383422

Cited 16 times | Published

State was a robbery-murder case which construed Section 782.04, Florida Statutes (1973). The court ruled that

Vasil v. State

374 So. 2d 465

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 430448

Cited 16 times | Published

felony murder were erroneous. He was tried under section 782.04, Florida Statutes (1973), the murder statute

Bailey v. State

224 So. 2d 296

Supreme Court of Florida | Filed: Jul 2, 1969 | Docket: 1671986

Cited 16 times | Published

Murder in the third degree is a felony. Fla. Stat., § 782.04 (F.S.A.), provides: "The unlawful killing of a

Everett v. State

97 So. 2d 241

Supreme Court of Florida | Filed: Aug 14, 1957 | Docket: 458355

Cited 16 times | Published

or any of the other felonies set forth in Section 782.04, Florida Statutes, F.S.A. Sloan v. State, 70

Calvin Weatherspoon v. State of Florida

214 So. 3d 578, 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669817

Cited 15 times | Published

(Fla. 1995), TO BE A NONEXISTENT CRIME UNDER SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY

Lewis v. State

34 So. 3d 183, 2010 Fla. App. LEXIS 6221, 2010 WL 1793022

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1641778

Cited 15 times | Published

of certain specified controlled substances. See § 782.04(1)(a)1.-3., Fla. Stat. (2007). The second category

Pena v. State

829 So. 2d 289, 2002 WL 31322780

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 1454303

Cited 15 times | Published

unlawful distribution of an illegal drug under section 782.04(1)(a)(3), Florida Statutes (1999). Although

Allen v. State

690 So. 2d 1332, 1997 WL 106191

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 436457

Cited 15 times | Published

charged with third degree murder in violation of section 782.04(4), Florida Statutes (1993). Count II of the

Allen v. State

690 So. 2d 1332, 1997 WL 106191

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 436457

Cited 15 times | Published

charged with third degree murder in violation of section 782.04(4), Florida Statutes (1993). Count II of the

Thomas v. State

584 So. 2d 1022, 1991 WL 133505

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 466923

Cited 15 times | Published

convictions of first degree murder for violating section 782.04(1)(a), Florida Statutes (1989), and armed robbery

Johnson v. State

568 So. 2d 519, 1990 WL 157745

District Court of Appeal of Florida | Filed: Oct 22, 1990 | Docket: 422386

Cited 15 times | Published

convicted of second degree murder pursuant to section 782.04(2), Florida Statutes (1989), which constitutes

Kelly v. State

552 So. 2d 206, 1989 WL 75720

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1200189

Cited 15 times | Published

SHARP, JJ., concur. NOTES [1] § 777.04(1) and § 782.04(1)(a), Florida Statutes, 1987. [2] § 790.19,

King v. State

545 So. 2d 375, 1989 WL 55959

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1344843

Cited 15 times | Published

compression and providing cocaine, contrary to Florida Statute 782.04(1)(a)." (emphasis added). The trial court

Burgess v. State

524 So. 2d 1132, 1988 WL 47253

District Court of Appeal of Florida | Filed: May 12, 1988 | Docket: 1341775

Cited 15 times | Published

first-degree murder except death of the victim under Section 782.04, Florida Statutes; all of the elements of attempt

Johnny Lee Rembert v. Richard L. Dugger

842 F.2d 301, 1988 U.S. App. LEXIS 4911, 1988 WL 26460

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 1988 | Docket: 491726

Cited 15 times | Published

Ann. § 782.04(l)(a)(l) (West Supp.1987); first degree felony murder, id. at § 782.04(l)(a)(2);

Neal v. State

451 So. 2d 1058

District Court of Appeal of Florida | Filed: Jun 28, 1984 | Docket: 1741155

Cited 15 times | Published

carries a possible penalty of life imprisonment. § 782.04(2), Fla. Stat. (1981). In fact, Gloria Neal was

Neal v. State

451 So. 2d 1058

District Court of Appeal of Florida | Filed: Jun 28, 1984 | Docket: 1741155

Cited 15 times | Published

carries a possible penalty of life imprisonment. § 782.04(2), Fla. Stat. (1981). In fact, Gloria Neal was

Brumbley v. State

453 So. 2d 381

Supreme Court of Florida | Filed: Jun 14, 1984 | Docket: 1651469

Cited 15 times | Published

design to effect the death" of Clifton Rogers. § 782.04(1)(a), *386 Fla. Stat. (1975). The fact that Smith

Diaz v. State

387 So. 2d 978

District Court of Appeal of Florida | Filed: Sep 26, 1980 | Docket: 1355950

Cited 15 times | Published

with murder in the second degree pursuant to Section 782.04(2), Florida Statutes (1977). A jury found him

United States Fidelity & Guar. Co. v. Perez

384 So. 2d 904, 1980 Fla. App. LEXIS 16902

District Court of Appeal of Florida | Filed: Jun 3, 1980 | Docket: 1678550

Cited 15 times | Published

defendant's conviction for second degree murder [§ 782.04(2), Fla. Stat. (1979)] based on the subject incident

State v. Wright

379 So. 2d 96

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 1681168

Cited 15 times | Published

affirmed. The district court of appeal held that section 782.04(3), Florida Statutes, defining those who shall

State v. Wright

379 So. 2d 96

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 1681168

Cited 15 times | Published

affirmed. The district court of appeal held that section 782.04(3), Florida Statutes, defining those who shall

State v. Williams

254 So. 2d 548

District Court of Appeal of Florida | Filed: Oct 27, 1971 | Docket: 1703351

Cited 15 times | Published

cause of action under the felony-murder statute, § 782.04, F.S.A. The precise question presented is unique

United States v. Lonnie Anthony Jones

906 F.3d 1325

Court of Appeals for the Eleventh Circuit | Filed: Oct 25, 2018 | Docket: 8083445

Cited 14 times | Published

of any particular individual." Fla. Stat. § 782.04 (2). The thrust of Jones's argument then

Dorsey v. State

74 So. 3d 521, 2011 Fla. App. LEXIS 16361, 2011 WL 4949803

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 2321688

Cited 14 times | Published

effect the death of any particular individual." § 782.04, Fla. Stat. (2006). An act is imminently dangerous

Sigler v. State

805 So. 2d 32, 2001 WL 1538544

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 523452

Cited 14 times | Published

effect the death of any particular individual ... § 782.04(2), Fla. Stat. (1997). As recognized in Duckett

Gresham v. State

725 So. 2d 419, 1999 WL 17813

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1293982

Cited 14 times | Published

individual, is murder in the second degree...." § 782.04(2), Fla. Stat. (1997). Aggravated battery is defined

Taylor v. State

640 So. 2d 1127, 1994 WL 201553

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 1947177

Cited 14 times | Published

or attempt to commit, aggravated child abuse. § 782.04(1)(a)2, Fla. Stat. (1987); Pugh v. State, 624

Snowden v. State

449 So. 2d 332

District Court of Appeal of Florida | Filed: Mar 29, 1984 | Docket: 1325772

Cited 14 times | Published

result of one of the felonies enumerated in Section 782.04(1), Florida Statutes, the defendant could not

Alvord v. Wainwright

564 F. Supp. 459

District Court, M.D. Florida | Filed: May 5, 1983 | Docket: 2522075

Cited 14 times | Published

as an element of first degree murder, Fla.Stat. § 782.04(1)(a), and petitioner's appeal to due process

Appell v. State

250 So. 2d 318

District Court of Appeal of Florida | Filed: Jun 21, 1971 | Docket: 422223

Cited 14 times | Published

languish and die on January 19, 1970, contrary to F.S. 782.04, F.S.A." (Emphasis supplied.) Looking to the

Johnson v. State

91 So. 2d 185

Supreme Court of Florida | Filed: May 23, 1956 | Docket: 1332307

Cited 14 times | Published

case this court construed three statutes, F.S. § 782.04, F.S.A. (murder in the third degree), F.S. § 782

State v. Larzelere

979 So. 2d 195, 2008 WL 516424

Supreme Court of Florida | Filed: Feb 28, 2008 | Docket: 1407834

Cited 13 times | Published

Volusia County, Florida, in violation of Florida Statute 782.04, form a premeditated design to effect the

Persaud v. State

838 So. 2d 529, 2003 WL 151812

Supreme Court of Florida | Filed: Jan 23, 2003 | Docket: 58723

Cited 13 times | Published

reads in its entirety: "AFFIRMED. See Fla. Stat. § 782.04(2) (2001)." Baker, 820 So.2d at 382. Baker asks

Randall v. State

760 So. 2d 892, 2000 WL 422865

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1695293

Cited 13 times | Published

evidence established second-degree murder under section 782.04(2), Florida Statutes (1995) (second-degree

Sutton v. State

718 So. 2d 215, 1998 WL 422595

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 466272

Cited 13 times | Published

under either one of two theories: First, under section 782.04(1)(a)1, Florida Statutes (1991), when the attempt

Ellison v. State

547 So. 2d 1003, 1989 WL 90481

District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 1475089

Cited 13 times | Published

depraved-mind second-degree murder, contrary to Section 782.04(2), Florida Statutes, and grand theft, contrary

State v. Harris

439 So. 2d 265

District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 1264982

Cited 13 times | Published

in such cases made and provided, to-wit: Florida Statute 782.04, and SECOND COUNT The Grand Jurors of

Frank A. Smith, III v. Louie Wainwright

664 F.2d 1194, 1981 U.S. App. LEXIS 14910

Court of Appeals for the Eleventh Circuit | Filed: Dec 28, 1981 | Docket: 443228

Cited 13 times | Published

commission of second degree murder. Fla.Stat. § 782.04. The appellant nevertheless contends that, had

State v. Rogers

386 So. 2d 278

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 371185

Cited 13 times | Published

manslaughter and dismissed the state's information. Section 782.04(2), Florida Statutes (1979), defines second

Zuberi v. State

343 So. 2d 664

District Court of Appeal of Florida | Filed: Mar 8, 1977 | Docket: 1710555

Cited 13 times | Published

robbery as an aider or abettor or as a principal. Section 782.04(1)(a), of the Florida Statutes provides for

Mahone v. State

222 So. 2d 769

District Court of Appeal of Florida | Filed: Jun 11, 1969 | Docket: 1753851

Cited 13 times | Published

its previous opinion as corrected. NOTES [1] Section 782.04, Fla. Stat., F.S.A., provides: "(1) The unlawful

Weaver v. State

220 So. 2d 53

District Court of Appeal of Florida | Filed: Feb 26, 1969 | Docket: 1727754

Cited 13 times | Published

[9] See e.g., Mackiewicz v. State, id. [10] § 782.04 par. 2 F.S.A. [11] Bega v. State (Fla.App. 1958)

Chavigny v. State

112 So. 2d 910

District Court of Appeal of Florida | Filed: May 27, 1959 | Docket: 101999

Cited 13 times | Published

applicable law refutes this position. Under section 782.04, Florida Statutes, F.S.A., murder in the second

Delgado v. State

948 So. 2d 681, 2006 WL 3313734

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 564085

Cited 12 times | Published

formed the specific intent to kill a human being. § 782.04(1)(a)(1), Fla. Stat. (2006). [9] The other two

Betancourt v. State

804 So. 2d 313, 2001 WL 1585050

Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1334446

Cited 12 times | Published

imprisonment for a term of years not exceeding life ..." § 782.04(2) Fla. Stat. (1989). In view of the statutory

Cabberiza v. Moore

217 F.3d 1329

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2000 | Docket: 1118723

Cited 12 times | Published

“capital felony,” in violation of Fla. Stat. Ann. § 782.04 (West 2000). As a result, they were entitled to

Chateloin v. Singletary

89 F.3d 749, 1996 U.S. App. LEXIS 18372, 1996 WL 388399

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 1996 | Docket: 332949

Cited 12 times | Published

first-degree murder in violation of Florida Statutes § 782.04, armed robbery in violation of Florida Statutes

Jackson v. State

513 So. 2d 1093, 12 Fla. L. Weekly 2362

District Court of Appeal of Florida | Filed: Oct 6, 1987 | Docket: 1689343

Cited 12 times | Published

distinct from the crime *1095 of felony murder. § 782.04, Fla. Stat. (1981). After a long history to the

Borders v. State

433 So. 2d 1325

District Court of Appeal of Florida | Filed: Jul 5, 1983 | Docket: 1727528

Cited 12 times | Published

to a second degree murder conviction under section 782.04(2), Florida Statutes (1979), is absent. See

Amlotte v. State

435 So. 2d 249

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 1328337

Cited 12 times | Published

require proof of a completed robbery because section 782.04(1)(a) requires the killing to have been "committed

Ennis v. State

364 So. 2d 497

District Court of Appeal of Florida | Filed: Oct 25, 1978 | Docket: 1513873

Cited 12 times | Published

force, violence, assault, or putting in fear. Section 782.04, Florida Statutes (1977) provides that the

Meeks v. State

336 So. 2d 1142

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 1379037

Cited 12 times | Published

State proved an attempt to take the money. Section 782.04(1)(a), Florida Statutes, provides: "The unlawful

Thomas v. State

13 So. 2d 148, 152 Fla. 756, 1943 Fla. LEXIS 1032

Supreme Court of Florida | Filed: Apr 27, 1943 | Docket: 3277010

Cited 12 times | Published

of homicide are defined in the same statute, Section 782.04, Florida Statutes of 1941. In expounding them

Joel Dale Wright v. Secretary, Florida Department of Corrections

761 F.3d 1256, 2014 WL 3809389, 2014 U.S. App. LEXIS 14953

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2014 | Docket: 115009

Cited 11 times | Published

first-degree murder, see Fla. Stat. § 782.04; (2) one count of sexual battery with force likely

William Reaves v. Secretary, Florida Department of Corrections

717 F.3d 886, 2013 WL 2348894, 2013 U.S. App. LEXIS 10903

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2013 | Docket: 2903095

Cited 11 times | Published

with premeditation. See Fla. Stat. § 782.04(l)(a); Anderson v. State, 276 So.2d

Rasley v. State

878 So. 2d 473, 2004 WL 1697818

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 758902

Cited 11 times | Published

the death of any particular individual.... See § 782.04(2), Fla. Stat. (2001). The term "imminently dangerous

State v. Williams

776 So. 2d 1066, 2001 WL 99229

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 422135

Cited 11 times | Published

charge would have been a capital felony under section 782.04(1)(a)2.l., Florida Statutes (2000). Instead

Rayl v. State

765 So. 2d 917, 2000 WL 1206416

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1706831

Cited 11 times | Published

manslaughter, as a lesser-included offense. Section 782.04(2), Florida Statutes (1997), provides that

Carpentier v. State

587 So. 2d 1355, 16 Fla. L. Weekly Fed. D 2779

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 144091

Cited 11 times | Published

"unlawful killing," as do the other provisions in section 782.04. Only by implication can one conclude that

Delgado v. State

573 So. 2d 83, 1990 WL 212843

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 479006

Cited 11 times | Published

first-degree murder of Joe King in violation of section 782.04, Florida Statutes (1987). He was sentenced

Joseph Redman v. Richard L. Dugger

866 F.2d 387, 1989 U.S. App. LEXIS 1799, 1989 WL 6906

Court of Appeals for the Eleventh Circuit | Filed: Feb 21, 1989 | Docket: 818324

Cited 11 times | Published

premeditation, but only requires a depraved mind. Fla.Stat § 782.04(2). A depraved mind is shown when the victim is

Merchant v. State

509 So. 2d 1101, 12 Fla. L. Weekly 374

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1361911

Cited 11 times | Published

instead a first-degree felony punishable by life, section 782.04(2), Florida Statutes (1985). If properly scored

Lanier v. State

443 So. 2d 178

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1459043

Cited 11 times | Published

reason, the language of the felony murder statute, § 782.04, Fla. Stat., was changed from "involuntary sexual

State v. Amaro

436 So. 2d 1056

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 1339303

Cited 11 times | Published

charge involved in this appeal is codified in section 782.04(4), Florida Statutes (1981). The statute provides:

Jones v. State

362 So. 2d 1334

Supreme Court of Florida | Filed: Jun 30, 1978 | Docket: 1363245

Cited 11 times | Published

testimony. 7. The court erred in holding that Section 782.04 and Section 921.141, Florida Statutes, are

Midland Ins. Co. v. State

354 So. 2d 961

District Court of Appeal of Florida | Filed: Feb 7, 1978 | Docket: 1279492

Cited 11 times | Published

term of years not exceeding life imprisonment. Section 782.04(2), Florida Statutes (1975). First degree murder

Manuel v. State

344 So. 2d 1317

District Court of Appeal of Florida | Filed: Apr 27, 1977 | Docket: 474768

Cited 11 times | Published

statute governing murder in the second degree, Section 782.04(2), Florida Statutes, provides in relevant

Raneri v. State

255 So. 2d 291

District Court of Appeal of Florida | Filed: Dec 9, 1971 | Docket: 1431426

Cited 11 times | Published

directed verdict should have been granted." Section 782.04, F.S.A., defines second degree murder in the

Simpson v. State

211 So. 2d 862

District Court of Appeal of Florida | Filed: Jun 11, 1968 | Docket: 1475359

Cited 11 times | Published

v. State, Fla. 1961, 128 So.2d 132; Fla. Stat. § 782.04, F.S.A. The appellant also claims reversible error

Traylor v. State

785 So. 2d 1179, 2000 WL 701060

Supreme Court of Florida | Filed: Jun 1, 2000 | Docket: 450135

Cited 10 times | Published

[2] Section 782.04(1), Florida Statutes (1987), includes premeditated murder, section 782.04(1)(a)1

Slocum v. State

757 So. 2d 1246, 2000 WL 561717

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1331499

Cited 10 times | Published

defendant's act of aggravated child abuse. See § 782.04(1)(a)2 h, Fla. Stat. (1999). To establish aggravated

Bryant v. State

744 So. 2d 1225, 1999 WL 1016256

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1381191

Cited 10 times | Published

ORLITA KELLY, a human being, in violation of Florida Statute 782.04(19)(a) and 777.04. Although appellant failed

Harrell v. State

721 So. 2d 1185, 1998 WL 637018

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 1322846

Cited 10 times | Published

hearing. GOSHORN and HARRIS, JJ., concur. NOTES [1] § 782.04, Fla. Stat. (1975).

Lee v. State

679 So. 2d 1158, 1996 WL 350168

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 471841

Cited 10 times | Published

although second-degree murder was punishable under section 782.04(2), Florida Statutes (Supp.1980), by prison

Grinage v. State

641 So. 2d 1362, 1994 WL 444883

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 1152647

Cited 10 times | Published

presumption on top of presumption. We hold that section 782.04(1)(a)2 is not the proper vehicle for charging

Standard Jury Instructions in Crim. Cases

639 So. 2d 602, 19 Fla. L. Weekly Supp. 320, 1994 Fla. LEXIS 937, 1994 WL 261431

Supreme Court of Florida | Filed: Jun 16, 1994 | Docket: 1310445

Cited 10 times | Published

ATTEMPTED FELONY MURDER — THIRD DEGREE F.S. 782.04(1)(a) and 777.04

Franklin v. State

541 So. 2d 1227, 1989 WL 7518

District Court of Appeal of Florida | Filed: Feb 3, 1989 | Docket: 1516604

Cited 10 times | Published

not necessarily involve the use of a weapon (section 782.04(4), Florida Statutes (1987)), the information

Dellinger v. State

495 So. 2d 197

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 1750474

Cited 10 times | Published

second degree murder. MURDER — SECOND DEGREE F.S. 782.04(2) Before you can find the defendant guilty of

State v. Lowery

419 So. 2d 621

Supreme Court of Florida | Filed: Jul 29, 1982 | Docket: 1585949

Cited 10 times | Published

very specific: does the felony-murder statute, section 782.04(3), Florida Statutes (1975), contemplate the

Dobbert v. Strickland

532 F. Supp. 545, 1982 U.S. Dist. LEXIS 10642

District Court, M.D. Florida | Filed: Jan 30, 1982 | Docket: 2013882

Cited 10 times | Published

pursuant to 28 U.S.C. § 2254. According to Fla.Stat. § 782.04(1)(a)(1973), "[t]he unlawful killing of a human

Dade County v. Goldstein

384 So. 2d 183

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 1268993

Cited 10 times | Published

with an electrical cord, in violation of Florida Statute 782.04, to the evil example of all others in like

Pouk v. State

359 So. 2d 929

District Court of Appeal of Florida | Filed: Jun 21, 1978 | Docket: 2582963

Cited 10 times | Published

Pouk with second-degree murder in violation of Section 782.04(2), Florida Statutes. He pled not guilty, and

Hargrett v. State

255 So. 2d 298

District Court of Appeal of Florida | Filed: Dec 7, 1971 | Docket: 1431315

Cited 10 times | Published

specified that the homicide was contrary to F.S. § 782.04, F.S.A., which is the felony-murder statute. Appellant

Barton v. State

193 So. 2d 618

District Court of Appeal of Florida | Filed: Dec 28, 1966 | Docket: 1304863

Cited 10 times | Published

perpetration of any of the felonies mentioned in F.S.A. § 782.04 or was committed with a premeditated design. Southworth

Delhall v. State

95 So. 3d 134, 37 Fla. L. Weekly Supp. 468, 2012 WL 2848691, 2012 Fla. LEXIS 1352

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60311152

Cited 9 times | Published

with unlawful use of a firearm in violation of section 782.04, Florida Statutes (2001), unlawful discharge

Bellamy v. State

977 So. 2d 682, 2008 WL 541384

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1529667

Cited 9 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (2004). "An act is one `imminently

Charles v. State

945 So. 2d 579, 2006 WL 3613767

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1725370

Cited 9 times | Published

enumerated felonies, including burglary and robbery. § 782.04(1)(a)2.d., e., Fla. Stat. (2000). Under the law

Stoute v. State

915 So. 2d 1245, 2005 WL 3478213

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1310871

Cited 9 times | Published

attempted second degree murder with a firearm. Section 782.04(2), Florida Statutes (1999), defines second

O'CONNOR v. State

835 So. 2d 1226, 2003 WL 186965

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1643629

Cited 9 times | Published

not guilty of first-degree felony murder. See § 782.04(1)(a)2.d., Fla. Stat. (2001) (emphasis added)

Mitchell v. State

830 So. 2d 944, 2002 WL 31626143

District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 1516807

Cited 9 times | Published

are alternative means to prove a single offense. § 782.04, Fla. Stat. (1999). In short, the 1998 legislatively-enacted

Freeze v. State

553 So. 2d 750, 1989 WL 151442

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 1259433

Cited 9 times | Published

of the person's act of aggravated child abuse. § 782.04(1)(a)2.h., Fla. Stat. (1985); Mapps v. State,

Spivey v. State

529 So. 2d 1088, 1988 WL 73550

Supreme Court of Florida | Filed: Jul 14, 1988 | Docket: 432156

Cited 9 times | Published

strangulation, contrary to the provisions of section 782.04(1)(a), Florida Statutes." In its verdict the

Ruffin v. Dugger

848 F.2d 1512, 1988 U.S. App. LEXIS 8516

Court of Appeals for the Eleventh Circuit | Filed: Jun 20, 1988 | Docket: 982338

Cited 9 times | Published

being to this Body unknown, in violation of Florida Statute 782.04. 15 [The court then

Burk v. State

497 So. 2d 731, 11 Fla. L. Weekly 2405

District Court of Appeal of Florida | Filed: Nov 14, 1986 | Docket: 1689725

Cited 9 times | Published

first-degree premeditated murder, a violation of section 782.04(1)(a), Florida Statutes (1983). Appellant did

Acensio v. State

497 So. 2d 640, 11 Fla. L. Weekly 549

Supreme Court of Florida | Filed: Oct 30, 1986 | Docket: 1689637

Cited 9 times | Published

sets forth the criminal offense of attempt. Section 782.04 sets forth the criminal offense of murder.

Wardell Riley v. Louie L. Wainwright

778 F.2d 1544, 1985 U.S. App. LEXIS 25640

Court of Appeals for the Eleventh Circuit | Filed: Dec 11, 1985 | Docket: 508685

Cited 9 times | Published

damaging to petitioner. 10 . Fla.Stat. § 782.04(l)(a)(2)(d), (e) (Supp.1984) provides that: "The

Vause v. State

476 So. 2d 141, 10 Fla. L. Weekly 464

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1277679

Cited 9 times | Published

Vause for first-degree premeditated murder (section 782.04, Florida Statutes (1979)), shooting at or into

Davis v. State

397 So. 2d 1005

District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 1357447

Cited 9 times | Published

of the conjunctive "and" is legally correct. Section 782.04(2), Fla. Stat. (1979), provides that second

Cole v. State

262 So. 2d 902

District Court of Appeal of Florida | Filed: May 30, 1972 | Docket: 429180

Cited 9 times | Published

Fla. Stat., F.S.A. for robbery; § 784.06 (with § 782.04) for assault with intent to commit murder.) Validity

Smith v. State

239 So. 2d 284

District Court of Appeal of Florida | Filed: Aug 12, 1970 | Docket: 1527762

Cited 9 times | Published

Ga. Code Ann. § 26-1304 (1936); Iowa Code Ann. § 782.4 (1950); Miss. Code Ann. § 2360 (1942); Tenn. Code

Douglas v. State

10 So. 2d 731, 152 Fla. 63, 1942 Fla. LEXIS 695

Supreme Court of Florida | Filed: Dec 11, 1942 | Docket: 3266209

Cited 9 times | Published

deceased and Mr. Smoak, members of the posse. Section 782.04, Florida Statutes, 1941, defines murder in

State v. Sturdivant

94 So. 3d 434, 37 Fla. L. Weekly Supp. 127, 2012 WL 572977, 2012 Fla. LEXIS 407

Supreme Court of Florida | Filed: Feb 23, 2012 | Docket: 60310890

Cited 8 times | Published

DOCTRINE PRECLUDE A FELONY-MURDER CONVICTION UNDER SECTION 782.04(l)(a)2., FLORIDA STATUTES (2007), THAT IS PREDICATED

Wiley v. State

60 So. 3d 588, 2011 Fla. App. LEXIS 7175, 2011 WL 1877843

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60300293

Cited 8 times | Published

Harbaugh, 754 So.2d 691, 694 (Fla.2000)). Section 782.04(2), Florida Statutes (2008), provides: The

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

under the doctrine of transferred intent. See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder);

Anderson v. State

865 So. 2d 640, 2004 WL 256978

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1231690

Cited 8 times | Published

murder in the second degree—a violation of section 782.04(2), Florida Statutes (supp.1996)— for an offense

Johnson v. State

750 So. 2d 22, 1999 WL 820574

Supreme Court of Florida | Filed: Oct 14, 1999 | Docket: 1426683

Cited 8 times | Published

in a robbery at the time Barker was killed. Section 782.04(1)(a)2.d., Florida Statutes (Supp.1990), provides

Register v. State

718 So. 2d 350, 1998 WL 654086

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 1515131

Cited 8 times | Published

DAUKSCH and W. SHARP, JJ., concur. NOTES [1] § 782.04(1)(a)1, Fla. Stat. (1993). [2] §§ 782.04(1)(a)1

Cummings v. State

715 So. 2d 944, 1998 WL 303862

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 1717032

Cited 8 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1993). The circumstances leading

Sager v. State

699 So. 2d 619, 1997 WL 348108

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 1321174

Cited 8 times | Published

was guilty of first-degree felony murder. See § 782.04, Fla.Stat. (1991). Sager admitted in his confession

State v. Perry

605 So. 2d 94, 1992 WL 184024

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 1342966

Cited 8 times | Published

30, 1986, both of which are capital offenses. § 782.04(1)(a), Fla. Stat. (1985). The respondent applied

Leet v. State

595 So. 2d 959, 1991 WL 272641

District Court of Appeal of Florida | Filed: Dec 16, 1991 | Docket: 1298926

Cited 8 times | Published

provided in s. 775.082, s. 775.083, or s. 775.084. Section 782.04(4) states that third-degree murder requires

Hermanson v. State

570 So. 2d 322, 1990 WL 140285

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 1704343

Cited 8 times | Published

and (3) third degree murder in violation of section 782.04(4). Pursuant to Florida Rule of Criminal Procedure

Blanco v. Dugger

691 F. Supp. 308, 1988 U.S. Dist. LEXIS 7581, 1988 WL 75579

District Court, S.D. Florida | Filed: Jul 11, 1988 | Docket: 1391990

Cited 8 times | Published

crime of felony-murder. The first is Fla.Stat. Section 782.04 (1984) which defines first degree murder as:

Doyle v. State

483 So. 2d 89, 11 Fla. L. Weekly 410

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 455847

Cited 8 times | Published

instruction is an attempted restatement of section 782.04(4), Florida Statutes (1983). When in doubt

Powlowski v. State

467 So. 2d 334, 10 Fla. L. Weekly 627

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1275554

Cited 8 times | Published

more severe punishment that a life sentence. Section 782.04(2), Florida Statutes (1981) provides that a

Trenary v. State

453 So. 2d 1132

District Court of Appeal of Florida | Filed: Jun 22, 1984 | Docket: 1162797

Cited 8 times | Published

first degree felony subject to life imprisonment. § 782.04(2), Fla. Stat. (1979). Upon entering his plea

Foster v. Strickland

517 F. Supp. 597, 1981 U.S. Dist. LEXIS 14432

District Court, N.D. Florida | Filed: Jul 2, 1981 | Docket: 2308614

Cited 8 times | Published

effect the death of any particular individual .... § 782.04(2), Fla.Stat. (1975). The maximum punishment was

Haber v. State

396 So. 2d 707

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 1732168

Cited 8 times | Published

her judgment and sentence were void because section 782.04, Florida Statutes (1973), could not be constitutionally

Littles v. State

384 So. 2d 744

District Court of Appeal of Florida | Filed: Jun 13, 1980 | Docket: 1269666

Cited 8 times | Published

effect the death of any particular individual, . .. § 782.04(2), Fla. Stat. (1977). Littles argues that a charge

Hite v. State

364 So. 2d 771

District Court of Appeal of Florida | Filed: Oct 18, 1978 | Docket: 461855

Cited 8 times | Published

Felony-murder in the first degree is defined in § 782.04(1)(a), Fla. Stat. (1975), as: The unlawful killing

Ables v. State

338 So. 2d 1095

District Court of Appeal of Florida | Filed: Oct 18, 1976 | Docket: 455291

Cited 8 times | Published

which first degree murder might be committed under § 782.04(1)(a), stating that "the question of premeditated

Shockey v. State

338 So. 2d 33

District Court of Appeal of Florida | Filed: Aug 17, 1976 | Docket: 2517347

Cited 8 times | Published

court failed to read that portion of Fla. Stat. § 782.04 pertaining to second degree murder, which relates

McQueen v. State

304 So. 2d 501

District Court of Appeal of Florida | Filed: Oct 31, 1974 | Docket: 1437590

Cited 8 times | Published

distinction, which places first degree murder, F.S. § 782.04(1), in an apparently unique position, is historically

Whitney v. Cochran

152 So. 2d 727

Supreme Court of Florida | Filed: Apr 19, 1963 | Docket: 2520927

Cited 8 times | Published

his appeal, the petitioner again claims that Section 782.04, Florida Statutes, F.S.A., is unconstitutional

Henderson v. State

70 So. 2d 358, 1954 Fla. LEXIS 1245

Supreme Court of Florida | Filed: Feb 9, 1954 | Docket: 1283719

Cited 8 times | Published

State, 84 Fla. 428, 94 So. 865. Paragraph 1, section 782.04, Florida Statutes 1951, F.S.A. See also Smith

Fred Anderson, Jr. v. Secretary, Florida Department of Corrections

752 F.3d 881, 2014 WL 1877439, 2014 U.S. App. LEXIS 8853

Court of Appeals for the Eleventh Circuit | Filed: May 12, 2014 | Docket: 292869

Cited 7 times | Published

corpus is, accordingly, AFFIRMED. . Fla. Stat. § 782.04(l)(a). . Id. §§ 782.04(l)(a), 777.04(1), 775

Morgan v. State

127 So. 3d 708, 2013 WL 6122269, 2013 Fla. App. LEXIS 18569

District Court of Appeal of Florida | Filed: Nov 22, 2013 | Docket: 60236827

Cited 7 times | Published

effect the death of any particular individual.” § 782.04(2), Fla. Stat. (2011). To prove that an act demonstrates

Manuel v. State

48 So. 3d 94, 2010 Fla. App. LEXIS 16340, 2010 WL 4260096

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 2397459

Cited 7 times | Published

775.087(1)(a), 777.04(4)(a), Fla. Stat. (1989); § 782.04(1)(a), Fla. Stat. (Supp. 1990). These life felonies

Dorsey v. State

942 So. 2d 983, 2006 WL 3452386

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1472024

Cited 7 times | Published

these counts without further discussion. [2] § 782.04(1)(a)2, Fla. Stat.

Wilson v. State

898 So. 2d 191, 2005 WL 562531

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1448749

Cited 7 times | Published

Second-degree murder is a first-degree felony. See § 782.04(2), Fla. Stat. (2003). If the criminal offense

Gibbs v. State

904 So. 2d 432, 2005 WL 415952

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 1365245

Cited 7 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (2000). Pointing a loaded gun at

Chambers v. State

880 So. 2d 696, 2004 WL 895856

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1689327

Cited 7 times | Published

Second-degree murder is a first-degree felony. See § 782.04(2), Fla. Stat. (2002). An attempt to commit that

Lane v. State

861 So. 2d 451, 2003 WL 22136076

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1514156

Cited 7 times | Published

repeatedly about the head and face, contrary to F.S. 782.04 and F.S. 777.04(4). The case arose from an incident

House v. State

831 So. 2d 1230, 2002 WL 31769268

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1722951

Cited 7 times | Published

Consistent with the thirddegree murder statute, § 782.04(4), Fla. Stat. *1232 (2001), the State charged

Levesque v. State

778 So. 2d 1049, 2001 WL 121436

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 2543479

Cited 7 times | Published

languish and die on March 29, 1996, contrary to F.S. 782.04(2)." [2] A necessary lesser included offense

Bedoya v. State

779 So. 2d 574, 2001 WL 108885

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 475417

Cited 7 times | Published

to prove that the murder was premeditated. Section 782.04(1)(a), Florida Statutes (1995) provides that

Paz v. State

777 So. 2d 983, 2000 WL 313567

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 2553936

Cited 7 times | Published

human life" in killing Winton as required under section 782.04(2), Florida Statutes (1995). See Ramsey v.

Fisher v. State

715 So. 2d 950, 1998 WL 309071

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1716934

Cited 7 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1993). We reject Fisher's contention

Dept. of Health & Rehab. Services v. S.

648 So. 2d 128, 20 Fla. L. Weekly Supp. 23, 1995 Fla. LEXIS 17, 1995 WL 8966

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 1701943

Cited 7 times | Published

suspended license causing "serious" bodily injury); § 782.04(2), Fla. Stat. (1989) (unlawful killing by act

Eady v. State

604 So. 2d 559, 1992 WL 206366

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1686457

Cited 7 times | Published

imprisonment for a term of years not exceeding life ..." § 782.04(2), Fla. Stat. (1989). In view of the statutory

Marshall v. State

529 So. 2d 797, 1988 WL 81907

District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 1523854

Cited 7 times | Published

murder and manslaughter are second-degree felonies. § 782.04(4) & § 782.07, Fla. Stat. (1983), respectively

Evans v. State

528 So. 2d 125, 1988 WL 73563

District Court of Appeal of Florida | Filed: Jul 19, 1988 | Docket: 1367270

Cited 7 times | Published

sentence. First degree murder is a capital offense. § 782.04(1)(a)(2). The attempt statute reduces this to

Brown v. State

492 So. 2d 822, 11 Fla. L. Weekly 1814

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 478435

Cited 7 times | Published

life imprisonment for second degree murder, section 782.04(3), Florida Statutes (1981), where not reclassified

Hall v. Wainwright

565 F. Supp. 1222, 1983 U.S. Dist. LEXIS 16868

District Court, M.D. Florida | Filed: May 18, 1983 | Docket: 1020283

Cited 7 times | Published

effect the death of the person killed," Fla. Stat. § 782.04(1)(a) (1973) or, that he was a principal to the

Hampton v. State

336 So. 2d 378

District Court of Appeal of Florida | Filed: May 18, 1976 | Docket: 1721106

Cited 7 times | Published

Roby, 246 So.2d 566 (Fla. 1971). [6] Florida Statute 782.04(1)(a)(2). [7] Pope v. State, 84 Fla. 428

Gavin v. State

259 So. 2d 544

District Court of Appeal of Florida | Filed: Mar 14, 1972 | Docket: 1516908

Cited 7 times | Published

which is "punishable with death," as provided in § 782.04 Fla. Stat., F.S.A. Hence, by the terms of § 784

Eagle v. State

249 So. 2d 460

District Court of Appeal of Florida | Filed: May 25, 1971 | Docket: 1398299

Cited 7 times | Published

WOODROW M., Associate Judge, concur. NOTES [1] F.S. § 782.04, F.S.A. "The unlawful killing of a human being

Stinson v. State

245 So. 2d 688

District Court of Appeal of Florida | Filed: Mar 9, 1971 | Docket: 1706419

Cited 7 times | Published

committed himself to the task he undertook. Section 782.04, Florida Statutes, F.S.A., defines second degree

Griffin v. State

124 So. 2d 38

District Court of Appeal of Florida | Filed: Nov 1, 1960 | Docket: 1416220

Cited 7 times | Published

of a crime is defined, and depends also upon Section 782.04, Florida Statutes 1959, F.S.A., which, inter

Thompson v. United States

924 F.3d 1153

Court of Appeals for the Eleventh Circuit | Filed: May 17, 2019 | Docket: 65663436

Cited 6 times | Published

1328 (alterations in original); see Fla. Stat. § 782.04(2). "The only meaningful difference between first-

Yacob v. State

136 So. 3d 539, 39 Fla. L. Weekly Supp. 174, 2014 WL 1243782, 2014 Fla. LEXIS 1030

Supreme Court of Florida | Filed: Mar 27, 2014 | Docket: 60240033

Cited 6 times | Published

premeditated murder and felony murder theories. See § 782.04, Fla. Stat. (2008). The jury found Yacob guilty

Rocker v. State

122 So. 3d 898, 2013 Fla. App. LEXIS 14066, 2013 WL 4610003

District Court of Appeal of Florida | Filed: Aug 30, 2013 | Docket: 60234802

Cited 6 times | Published

first-degree felony murder, a violation of section 782.04(l)(a)(2)(d), Florida Statutes (2008). Because

Chaffin v. State

121 So. 3d 608, 2013 WL 4081082, 2013 Fla. App. LEXIS 12727

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60234462

Cited 6 times | Published

Chaffin’s conviction *613for second degree murder. Section 782.04(2), Florida Statutes (2009), provides “[t]he

Chaffin v. State

121 So. 3d 608, 2013 WL 4081082, 2013 Fla. App. LEXIS 12727

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60234462

Cited 6 times | Published

Chaffin’s conviction *613for second degree murder. Section 782.04(2), Florida Statutes (2009), provides “[t]he

Allen v. State

137 So. 3d 946, 38 Fla. L. Weekly Supp. 592, 2013 WL 3466777, 2013 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60240447

Cited 6 times | Published

in the attempt to perpetrate, a kidnapping ...” § 782.04(l)(a)2.f., Fla. Stat. (2005). Section 787.01(1)(a)

Kocaker v. State

119 So. 3d 1214, 38 Fla. L. Weekly Supp. 8, 2013 WL 28243, 2013 Fla. LEXIS 1

Supreme Court of Florida | Filed: Jan 3, 2013 | Docket: 60233564

Cited 6 times | Published

constitutes first-degree premeditated murder. § 782.04(l)(a)l., Fla. Stat. (2004). Premeditation involves

Leasure v. State

105 So. 3d 5, 2012 WL 5233623, 2012 Fla. App. LEXIS 18491

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60227857

Cited 6 times | Published

she acted with the requisite intent. Under section 782.04(2), Florida Statutes (2008), second-degree

White v. State

973 So. 2d 638, 2008 WL 238624

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1688182

Cited 6 times | Published

contrary to F.S. 782.04(1)(a), F.S. 777.011, F.S. 777.04(1) and F.S. 812.13(2)(c). Section 782.04(1)(a), Florida

Simms v. State

949 So. 2d 373, 2007 WL 674713

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1720052

Cited 6 times | Published

Florida Statute 790.001(6), contrary to Florida Statute 782.04(2) and 775.087(1)(2). (LIFE FELONY) (Emphasis

Michelson v. State

927 So. 2d 890, 2005 WL 1026188

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1765655

Cited 6 times | Published

second-degree murder and of vehicular homicide. See § 782.04(2), Fla. Stat. (1997) ("The unlawful killing of

Williams v. State

891 So. 2d 621, 2005 WL 156812

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1350067

Cited 6 times | Published

felonies punishable by life imprisonment. See § 782.04(2), Fla. Stat. (Supp.1974); § 810.01(1), Fla.

Santiago v. State

874 So. 2d 617, 2004 WL 587640

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1473662

Cited 6 times | Published

any" enumerated felony in section 782.04(4)(a)-(r), Florida Statutes. § 782.04(4), Fla. Stat. (2002); Tillman

Griffis v. State

848 So. 2d 422, 2003 WL 21501907

District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 1309450

Cited 6 times | Published

murder by violent shaking, in violation of section 782.04(2), Florida Statutes (1999) (Count One); and

United States v. Aisenberg

247 F. Supp. 2d 1272, 2003 U.S. Dist. LEXIS 2496, 2003 WL 403071

District Court, M.D. Florida | Filed: Jan 31, 2003 | Docket: 2517956

Cited 6 times | Published

can serve as predicates for felony-murder under § 782.04. But it neglects to admit the affiants never proposed

Thomas v. State

837 So. 2d 443, 2002 WL 31557253

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1527549

Cited 6 times | Published

offenses of second degree murder, pursuant to section 782.04(2), Florida Statutes, and driving while license

Hankerson v. State

831 So. 2d 235, 2002 WL 31421686

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 1722787

Cited 6 times | Published

with second-degree murder, in violation of section 782.04(2), Florida Statutes. The age of the victim

State v. Smith

638 So. 2d 509, 1994 WL 245628

Supreme Court of Florida | Filed: Jun 9, 1994 | Docket: 1169207

Cited 6 times | Published

felonies is guilty of felony murder. *511 See § 782.04(1)(a)(2), Fla. Stat. (1993). Although the homicide

State v. Richardson

621 So. 2d 752, 1993 WL 242584

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 1265261

Cited 6 times | Published

STROKER, R.J., Associate Judge, concur. NOTES [1] § 782.04(1)(a), Fla. Stat. (1989). [2] § 812.13, Fla.

Gore v. Dugger

763 F. Supp. 1110, 1989 U.S. Dist. LEXIS 18442, 1989 WL 248505

District Court, M.D. Florida | Filed: Aug 17, 1989 | Docket: 1153924

Cited 6 times | Published

Fla.Stat. § 782.04(1)(a)1 or pursuant to the *1132 felony murder provision at Fla.Stat. § 782.04(1)(a)2

Kelley v. State

543 So. 2d 286, 1989 WL 38526

District Court of Appeal of Florida | Filed: Apr 21, 1989 | Docket: 1729817

Cited 6 times | Published

count of second degree murder in violation of section 782.04, Florida Statutes, and one count of possession

Sarduy v. State

540 So. 2d 203, 1989 WL 24040

District Court of Appeal of Florida | Filed: Mar 21, 1989 | Docket: 1688974

Cited 6 times | Published

effect the death of any particular individual ..." § 782.04(2), Fla. Stat. (1987). Manslaughter is defined

Harper v. State

537 So. 2d 1131, 1989 WL 8332

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 403662

Cited 6 times | Published

SHIVERS and ZEHMER, JJ., concur. NOTES [1] Section 782.04(1)(a), Florida Statutes (1987). [2] Section

Scurry v. State

521 So. 2d 1077, 1988 WL 10277

Supreme Court of Florida | Filed: Feb 11, 1988 | Docket: 1703731

Cited 6 times | Published

the attempt to perpetrate a specified felony. § 782.04(1)(a)2, Fla. Stat. (1985). Second-degree murder

Hooker v. State

497 So. 2d 982, 11 Fla. L. Weekly 2452

District Court of Appeal of Florida | Filed: Nov 19, 1986 | Docket: 1238188

Cited 6 times | Published

although without any premeditated design... ." Section 782.04(2), Fla. Stat. (1985). See Manuel v. State

Gomez v. State

496 So. 2d 982, 11 Fla. L. Weekly 2321

District Court of Appeal of Florida | Filed: Nov 4, 1986 | Docket: 428488

Cited 6 times | Published

perpetration or attempted perpetration of a robbery. § 782.04(1)(a)(2)(d), Fla. Stat. (1985). The evidence adduced

Bauza v. State

491 So. 2d 323, 11 Fla. L. Weekly 1554

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1383146

Cited 6 times | Published

second degree murder, § 777.04, Fla. Stat. (1983); § 782.04, Fla. Stat. (Supp. 1984), shooting or throwing

Gordon v. State

457 So. 2d 1095

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 426331

Cited 6 times | Published

provided in s. 775.082, s. 775.083, or s. 775.084. § 782.04(2), Fla. Stat. (1981). DWI manslaughter is defined

Owen v. State

441 So. 2d 1111

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1333175

Cited 6 times | Published

40 N.M. 128, 55 P.2d 740, 742 (1935). [5] Section 782.04(2), Florida Statutes (1981) provides in part:

Roberts v. State

425 So. 2d 70

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 1657850

Cited 6 times | Published

with a depraved mind regardless of human life. § 782.04(2), Fla. Stat. (1979). Depravity of mind means

Vause v. State

424 So. 2d 52

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1297714

Cited 6 times | Published

defendant's conviction of third degree murder under section 782.04(4), Florida Statutes (1979): The unlawful killing

Vause v. State

424 So. 2d 52

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1297714

Cited 6 times | Published

defendant's conviction of third degree murder under section 782.04(4), Florida Statutes (1979): The unlawful killing

Williams v. State

405 So. 2d 436

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1703811

Cited 6 times | Published

that the offense of second degree murder under § 782.04(2), Florida Statutes, to which appellant pled

Andrews v. State

392 So. 2d 270

District Court of Appeal of Florida | Filed: Oct 24, 1980 | Docket: 1268646

Cited 6 times | Published

conclusion. First degree murder is a capital felony. Section 782.04(1)(a), Fla. Stat. Conspiracy to commit a capital

Roth v. State

385 So. 2d 114

District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1700400

Cited 6 times | Published

Eleventh Judicial Circuit on June 4, 1976 under Section 782.04, Florida Statutes (1973). At trial, the state

Marcum v. State

379 So. 2d 974

District Court of Appeal of Florida | Filed: Dec 27, 1979 | Docket: 1681245

Cited 6 times | Published

raises the application of Florida Statute, Section 782.04, the Felony-Murder Rule. Appellants rely on

Pinder v. State

366 So. 2d 38

District Court of Appeal of Florida | Filed: Nov 17, 1978 | Docket: 1227197

Cited 6 times | Published

while perpetrating one of the felonies listed in § 782.04(1), Fla. Stat. (1975). Florida law holds that

McEver v. State

352 So. 2d 1213

District Court of Appeal of Florida | Filed: Nov 23, 1977 | Docket: 1680584

Cited 6 times | Published

any of the felonies specified by the statute. Section 782.04, Florida Statutes (1973). From an examination

State v. Jefferson

347 So. 2d 427

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 1290634

Cited 6 times | Published

attempt to perpetrate, robbery in violation of Section 782.04(1)(a), Florida Statutes (1973). He was tried

Christian v. State

272 So. 2d 852

District Court of Appeal of Florida | Filed: Feb 8, 1973 | Docket: 1755060

Cited 6 times | Published

abominable and detestable crime against nature...." Section 782.04, F.S. 1969, F.S.A. This latter language clearly

Anthony Paul Peoples, Jr. v. State of Florida

251 So. 3d 291

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386607

Cited 5 times | Published

is not a capital felony. Compare § 782.04(1)(a), Fla. Stat. (2013) (“The unlawful killing

Jacobson v. Pfizer, Inc.

618 F. App'x 509

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2016 | Docket: 65960511

Cited 5 times | Published

degree murder, in violation of Florida Statutes § 782.04(1)(a)(1). See U.S. ex rel. Osheroff v. Humana

Hall v. State

107 So. 3d 262, 37 Fla. L. Weekly Supp. 537, 2012 Fla. LEXIS 1666, 2012 WL 3732823

Supreme Court of Florida | Filed: Aug 30, 2012 | Docket: 60228646

Cited 5 times | Published

effect the death of the person killed[.]” See § 782.04(l)(a)l, Fla. Stat. (2010). CONCLUSION Based on

Delgado v. Florida Department of Corrections

659 F.3d 1311, 2011 U.S. App. LEXIS 20747, 2011 WL 4840588

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 2011 | Docket: 844689

Cited 5 times | Published

TOMAS RODRIGUEZ with a firearm, in violation of Section 782.04(1), Florida Statutes, to the evil example of

Gonzalez v. Secretary, Florida Department of Corrections

629 F.3d 1219, 2011 U.S. App. LEXIS 5, 2011 WL 6508

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 2011 | Docket: 1214821

Cited 5 times | Published

under the felony murder doctrine. See Fla. Stat. § 782.04(1)(a)2.d; Lovette v. State, 636 So.2d 1304, 1307

Hicks v. State

41 So. 3d 327, 2010 Fla. App. LEXIS 10444, 2010 WL 2788652

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 2397905

Cited 5 times | Published

*330 the death of any particular individual." § 782.04(2), Fla. Stat. (2007). As explained in the standard

State v. Yaqubie

51 So. 3d 474, 2010 Fla. App. LEXIS 8640, 2010 WL 2382583

District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 118165

Cited 5 times | Published

a depraved mind regardless of human life...." § 782.04(2), Fla. Stat. (2008). As the Standard Jury Instruction

Bolin v. State

8 So. 3d 428, 2009 Fla. App. LEXIS 2284, 2009 WL 723513

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1175785

Cited 5 times | Published

the charge of first-degree premeditated murder. § 782.04(1)(a)(1), Fla. Stat. (1985). At the ensuing trial

Barron v. State

990 So. 2d 1098, 2007 WL 2376632

District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 1291374

Cited 5 times | Published

was not involved in the underlying felony. See § 782.04(3), Fla. Stat. (2003). That was the situation

Fennell v. State

959 So. 2d 810, 2007 WL 1931278

District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 528141

Cited 5 times | Published

being constitutes murder in the first degree. § 782.04(1)(a)1., Fla. Stat. Premeditation is the essential

Chambers v. State

975 So. 2d 444, 2007 WL 1097953

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1424540

Cited 5 times | Published

second-degree murder is a second-degree felony, see § 782.04(2), Fla. Stat. (2002) (classifying second-degree

McDuffie v. State

946 So. 2d 99, 2006 WL 3821849

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1771130

Cited 5 times | Published

contest to second-degree murder, a violation of section 782.04, Florida Statutes (1991), a felony of the first-degree

MH v. State

936 So. 2d 1, 2006 Fla. App. LEXIS 14722, 2006 WL 860974

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1651083

Cited 5 times | Published

evil intent without a specific intent to kill. § 782.04(2), Fla. Stat. (2004). Criminal mischief is similar

Lopez-Vazquez v. State

931 So. 2d 231, 2006 WL 1649020

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1522222

Cited 5 times | Published

repeats the Blockburger same elements test. [4] Section 782.04(2) defines the crime of second-degree murder

Moody v. State

931 So. 2d 177, 2006 WL 1541249

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1522236

Cited 5 times | Published

perpetration of an appropriate underlying felony. § 782.04(4), Fla. Stat. (1993).[2] The underlying felony

Smalley v. State

889 So. 2d 100, 2004 WL 2623930

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1742907

Cited 5 times | Published

a depraved mind regardless of human life. See § 782.04(2); Roberts v. State, 425 So.2d 70, 71 (Fla. 2d

Sigler v. State

881 So. 2d 14, 2004 WL 1562912

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 1465515

Cited 5 times | Published

included offense of second degree murder. See § 782.04(2), Fla. Stat. (1997) ("The unlawful killing of

Wallace v. State

766 So. 2d 364, 2000 WL 1021575

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 1329888

Cited 5 times | Published

Standard Jury Instructions in Criminal Cases, p. 85; § 782.04(1)(a), Fla. Stat. (1997). See also Sutton v. State

Howell v. State

764 So. 2d 780, 2000 WL 987003

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 175512

Cited 5 times | Published

felony pursuant to the Act is fifteen years); § 782.04 (providing that second-degree murder is a felony

Ingleton v. State

700 So. 2d 735, 1997 WL 594630

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 1374023

Cited 5 times | Published

the death of said WENDY PRIOR, contrary to Section 782.04(1)(a)1, Florida Statutes. (Emphasis added)

Green v. State

680 So. 2d 1067

District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 1663856

Cited 5 times | Published

violent felonies is aggravated child abuse. Id. § 782.04(1)(a)2.h. Insofar as pertinent here, aggravated

Goswick v. State

658 So. 2d 1215, 1995 WL 478317

District Court of Appeal of Florida | Filed: Aug 15, 1995 | Docket: 439298

Cited 5 times | Published

count of second degree murder, in violation of section 782.04, Florida Statutes, one count of grand theft

Zeigler v. State

647 So. 2d 272, 1994 WL 685953

District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 437743

Cited 5 times | Published

imprisonment for a term of years not exceeding life. See § 782.04(2), Fla. Stat. (1993). Because defendant's offense

McGuire v. State

639 So. 2d 1043, 1994 WL 325325

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 1310350

Cited 5 times | Published

felonies that led to the death of Ray Giddens. See § 782.04(1)(a)2.d. & g.[7] The escape was getting out of

Pugh v. State

624 So. 2d 277, 1993 WL 274002

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 475623

Cited 5 times | Published

added.) The first degree felony murder statute, Section 782.04(1)(a)2, Florida Statutes (1989), lists the

Brown v. State

617 So. 2d 744, 1993 WL 105442

District Court of Appeal of Florida | Filed: Apr 12, 1993 | Docket: 1512588

Cited 5 times | Published

Florida Statutes; attempted first-degree murder, section 782.04(1)(a) and 777.04 (attempt statute); and use

Knighton v. State

603 So. 2d 71, 1992 WL 175086

District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 1475522

Cited 5 times | Published

of death, rather than on the time of the act. § 782.04(4), Fla. Stat. (1989). A step-by-step analysis

Lamont v. State

597 So. 2d 823, 1992 WL 26462

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 1704778

Cited 5 times | Published

convicted of second degree murder pursuant to Section 782.04(2), Florida Statutes (1989), a first degree

Tomlinson v. State

589 So. 2d 362, 1991 WL 235142

District Court of Appeal of Florida | Filed: Nov 8, 1991 | Docket: 1440807

Cited 5 times | Published

years not exceeding life." § 782.04(2), Fla. Stat. (1987). Section 782.04(2) contemplates a sentence

State v. Perkins

558 So. 2d 537, 1990 WL 41210

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1726340

Cited 5 times | Published

Stat. (1987), and first-degree felony murder, § 782.04, Fla. Stat. (1987). The trial court granted defendants'

Pinkerton v. State

534 So. 2d 425, 1988 WL 96451

District Court of Appeal of Florida | Filed: Sep 22, 1988 | Docket: 1707637

Cited 5 times | Published

Murder With A Deadly Weapon in violation of F.S. 782.04(4)." The court had instructed the jury that a

Mayo v. State

518 So. 2d 458, 1988 WL 2617

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1777908

Cited 5 times | Published

crime. Although appellant was charged under section 782.04, Florida Statutes, the murder statute, he was

Johnson v. State

486 So. 2d 657, 11 Fla. L. Weekly 834

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 1406614

Cited 5 times | Published

murder in death of his co-perpetrator, under section 782.04(3), Florida Statutes. Although the point was

State v. Alexander

406 So. 2d 1192

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1510046

Cited 5 times | Published

to effect the death of the person killed." Section 782.04(1)(a), F.S. (1979). Without commenting upon

Cantrell v. State

405 So. 2d 986

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1348430

Cited 5 times | Published

murder and an underlying felony enumerated in Section 782.04(1), Florida Statutes, could not be convicted

Martin v. State

377 So. 2d 706

Supreme Court of Florida | Filed: Dec 6, 1979 | Docket: 1521632

Cited 5 times | Published

causing the death of another in violation of section 782.04(1)(a), Florida Statutes (1973).[1] On appeal

Martin v. State

360 So. 2d 396

Supreme Court of Florida | Filed: Jun 2, 1978 | Docket: 1474401

Cited 5 times | Published

and sentence were received for violation of Section 782.04(1)(a), Florida Statutes, which defines, as

Luke v. State

204 So. 2d 359

District Court of Appeal of Florida | Filed: Nov 14, 1967 | Docket: 1319875

Cited 5 times | Published

the death of any particular individual. (F.S.A. § 782.04.) The phrase "evincing a depraved mind regardless

Kevin Don Foster v. State of Florida

258 So. 3d 1248

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347873

Cited 4 times | Published

of first-degree murder that is delineated in section 782.04, Florida Statutes (2018). Hurst

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

236 So. 3d 282

Supreme Court of Florida | Filed: Feb 8, 2018 | Docket: 6299402

Cited 4 times | Published

felony not enumerated in section § 782.04(3), Fla. Stat. Regarding the enhanced

Ermini v. Scott

249 F. Supp. 3d 1253

District Court, M.D. Florida | Filed: Apr 6, 2017 | Docket: 64313854

Cited 4 times | Published

murder of a law enforcement officer, Fla. Stat. § 782.04, and- sought a search warrant to enter and search

Starks v. State

223 So. 3d 1045, 2017 Fla. App. LEXIS 3729, 2017 WL 1067815

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 4620326

Cited 4 times | Published

“imminently dangerous” conduct within the meaning of section 782.04(2), Florida Statutes (2011). We affirm Starks’s

Robert Pernell McCloud v. State of Florida

208 So. 3d 668, 41 Fla. L. Weekly Supp. 548, 2016 Fla. LEXIS 2530

Supreme Court of Florida | Filed: Nov 17, 2016 | Docket: 4539952

Cited 4 times | Published

robbery, or the murder of another human being. § 782.04(l)(a) 2, Fla. Stat, (2009). The record generally

Bussey v. State

184 So. 3d 1138, 2015 Fla. App. LEXIS 15174, 40 Fla. L. Weekly Fed. D 2315

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919907

Cited 4 times | Published

charge of first-degree murder. See § 782.04(1)(a)(2)(d), Fla. Stat. (2011). In fact, the State

Richards v. State

128 So. 3d 959, 2013 WL 6925444, 2013 Fla. App. LEXIS 20511

District Court of Appeal of Florida | Filed: Dec 27, 2013 | Docket: 60237243

Cited 4 times | Published

second-degree murder, a second-degree felony. See § 782.04(2), Fla. Stat. (2007) (classifying second-degree

Davis v. State

121 So. 3d 462, 2013 WL 3334954

Supreme Court of Florida | Filed: Jul 8, 2013 | Docket: 60234437

Cited 4 times | Published

in violation of section 782.04(l)(a)l, Florida Statutes (2009). Under section 782.04(l)(a)l, murder in

Ramirez v. State

113 So. 3d 105, 2013 WL 2116570, 2013 Fla. App. LEXIS 7966

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231404

Cited 4 times | Published

homicide. See Valdes, 3 So.3d at 1076. Compare § 782.04, Fla. Stat. (2009), with § 782.07, Fla. Stat.

Ramirez v. State

113 So. 3d 105, 2013 WL 2116570, 2013 Fla. App. LEXIS 7966

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231404

Cited 4 times | Published

homicide. See Valdes, 3 So.3d at 1076. Compare § 782.04, Fla. Stat. (2009), with § 782.07, Fla. Stat.

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

705 F.3d 1284, 2013 WL 221459, 2013 U.S. App. LEXIS 1457

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 890400

Cited 4 times | Published

murder in violation of Fla. Stat. § 782.04. 5 Section 782.04 of the Florida statutes states that

McKinney v. State

51 So. 3d 645, 2011 Fla. App. LEXIS 421, 2011 WL 198397

District Court of Appeal of Florida | Filed: Jan 24, 2011 | Docket: 60297692

Cited 4 times | Published

the offenses specifically listed in the statute. § 782.04(4), Fla. Stat. (2008). The offense is a second-degree

In Re Standard Jury Instructions in Criminal Cases-Report No. 2010-04

53 So. 3d 1017, 36 Fla. L. Weekly Supp. 10, 2011 Fla. LEXIS 4, 2011 WL 31384

Supreme Court of Florida | Filed: Jan 6, 2011 | Docket: 2406669

Cited 4 times | Published

concur. APPENDIX 7.3 FELONY MURDER— FIRST DEGREE § 782.04(1)(a), Fla._Stat. To prove the crime of First

Cunningham v. State

22 So. 3d 127, 2009 Fla. App. LEXIS 16370, 2009 WL 3617920

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 60267014

Cited 4 times | Published

second degree murder with a firearm pursuant to section 782.04(2), Florida Statutes (2002). He was convicted

Brown v. State

13 So. 3d 1087, 2009 Fla. App. LEXIS 8591, 2009 WL 1874028

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 2564417

Cited 4 times | Published

convicted Brown of first-degree murder pursuant to section 782.04(1), Florida Statutes (1987). For that offense

Brinson v. State

18 So. 3d 1075, 2009 Fla. App. LEXIS 769, 2009 WL 261480

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1640423

Cited 4 times | Published

State, 412 So.2d 347, 350 (Fla. 1982). First, section 782.04(1)(a), Florida Statutes (2002), codifies the

Brown v. State

967 So. 2d 236, 2007 WL 2316773

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 1733551

Cited 4 times | Published

were for first degree murder, and cited to section 782.04(1), Florida Statutes (2003), which section

Sims v. State

869 So. 2d 45, 2004 WL 399217

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 1653982

Cited 4 times | Published

convicted of second degree murder in violation of section 782.04(2) or (3), Florida Statutes (2001), a felony

Schirmer v. State

837 So. 2d 587, 2003 WL 327504

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1527559

Cited 4 times | Published

[1] § 784.045(1)(a)1. and 2., Fla. Stat. [2] § 782.04(2); § 777.04; § 775.087, Fla. Stat. [3] U.S.

McArthur v. State

793 So. 2d 1190, 2001 WL 1103279

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1267183

Cited 4 times | Published

perpetration of any of the felonies enumerated in Section 782.04, F.S.A. The precise point involved here was

Sheridan v. State

799 So. 2d 223, 2001 WL 788097

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1681784

Cited 4 times | Published

found in the list of enumerated felonies in section 782.04(4), Florida Statutes (1997). On that basis

Loehrke v. State

722 So. 2d 867, 1998 WL 821765

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1241376

Cited 4 times | Published

THOMPSON and ANTOON, JJ., concur. NOTES [1] § 782.04, Fla.Stat. (1995).

Loehrke v. State

722 So. 2d 867, 1998 WL 821765

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1241376

Cited 4 times | Published

THOMPSON and ANTOON, JJ., concur. NOTES [1] § 782.04, Fla.Stat. (1995).

Franklin v. State

718 So. 2d 902, 1998 WL 636790

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 466452

Cited 4 times | Published

GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] § 782.04(2), Fla. Stat. (1993). [2] See Miranda v. Arizona

Minor v. State

707 So. 2d 1184, 1998 WL 131405

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 1676099

Cited 4 times | Published

defendant was convicted of third-degree murder, see § 782.04(4), Florida Statutes, where the underlying felony

Carter v. State

704 So. 2d 1068, 1997 WL 777380

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1354190

Cited 4 times | Published

for a term of *1070 years not exceeding life. § 782.04(2), (3), Fla. Stat. (1985). A first degree felony

Hernandez v. State

698 So. 2d 906, 1997 WL 537036

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 434465

Cited 4 times | Published

third degree murder is a third degree felony, § 782.04(4), Fla. Stat. (1991); § 777.04(4)(c), Fla. Stat

State v. Tinsley

683 So. 2d 1089, 1996 WL 660986

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 466208

Cited 4 times | Published

effect the death of any particular individual." § 782.04(2), Fla. Stat. (1993).

Christian v. State

693 So. 2d 990, 1996 WL 464147

District Court of Appeal of Florida | Filed: Aug 15, 1996 | Docket: 1524474

Cited 4 times | Published

disagree. Second degree murder is defined in section 782.04(2), Florida Statutes, as: (2) The unlawful

Mills v. State

642 So. 2d 15, 1994 WL 386515

District Court of Appeal of Florida | Filed: Jul 27, 1994 | Docket: 549311

Cited 4 times | Published

degree murder is a first degree felony, but section 782.04(2) authorizes a *18 sentence not to exceed

Isaac v. State

626 So. 2d 1082, 1993 WL 469435

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 1286080

Cited 4 times | Published

any degree), which are found by reference to section 782.04; plus the elements of a criminal attempt, which

Tarawneh v. State

588 So. 2d 1006, 1991 WL 186981

District Court of Appeal of Florida | Filed: Sep 25, 1991 | Docket: 368954

Cited 4 times | Published

an exception for capital murder pursuant to section 782.04(1)(a), Florida Statutes (1989). Appellant was

Conyers v. State

569 So. 2d 1360, 1990 WL 178658

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 2537135

Cited 4 times | Published

effect the death of any particular individual. § 782.04(2), Fla. Stat. (1989). An act is considered imminently

Gonzalez v. State

569 So. 2d 782, 1990 WL 149747

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 1190684

Cited 4 times | Published

not necessarily involve the use of a weapon (section 782.04(4), Florida Statutes (1987)), the information

Hall v. State

530 So. 2d 1066, 1988 WL 92981

District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 2038521

Cited 4 times | Published

convicted of second degree murder, a violation of section 782.04, possession of a firearm by a felon, a violation

Senterfitt v. State

515 So. 2d 411, 12 Fla. L. Weekly 2632

District Court of Appeal of Florida | Filed: Nov 17, 1987 | Docket: 1468042

Cited 4 times | Published

charge of attempted first degree murder under section 782.04. Use of a firearm is not an essential element

Holden v. State

487 So. 2d 1199, 11 Fla. L. Weekly 1034

District Court of Appeal of Florida | Filed: May 1, 1986 | Docket: 1797468

Cited 4 times | Published

guilty of second degree murder, in violation of section 782.04(2), Florida Statutes (1985), for the shooting

Gilbert v. State

487 So. 2d 1185, 11 Fla. L. Weekly 1007

District Court of Appeal of Florida | Filed: Apr 30, 1986 | Docket: 1796523

Cited 4 times | Published

murder of his wife, Emily, in contravention of section 782.04(1)(a)1, Florida Statutes (1981).[1] He, *1187

State v. Smith

470 So. 2d 764, 10 Fla. L. Weekly 1338

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1676689

Cited 4 times | Published

degree murder is a felony of the first degree, § 782.04(2), Fla. Stat. (1983), and when committed with

Akins v. State

462 So. 2d 1161

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 1509975

Cited 4 times | Published

carries a lesser penalty, as when a felony murder (§ 782.04, Fla. Stat. (1983)) occurs during the perpetration

Dobson v. State

434 So. 2d 332

District Court of Appeal of Florida | Filed: Jun 14, 1983 | Docket: 1693198

Cited 4 times | Published

firearm, to-wit: A Pistol, in violation of Florida Statute 782.04 and 775.087, to the evil example of all

State v. Presley

389 So. 2d 216

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 1281888

Cited 4 times | Published

be charged with second degree murder under section 782.04(3), Florida Statutes (1975).[3]Mikenas v. State

Harper v. State

386 So. 2d 808

District Court of Appeal of Florida | Filed: Jun 13, 1980 | Docket: 477038

Cited 4 times | Published

force, violence, assault, or putting in fear. >§ 782.04 Murder. — (1)(a) The unlawful killing of a human

State v. Perez

382 So. 2d 731

District Court of Appeal of Florida | Filed: Mar 19, 1980 | Docket: 637346

Cited 4 times | Published

[1] In Mikenas, the court was concerned with Section 782.04(3), Florida Statutes (1977), the second-degree

State v. Leonard

376 So. 2d 427

District Court of Appeal of Florida | Filed: Oct 24, 1979 | Docket: 1411042

Cited 4 times | Published

was charged with felony murder pursuant to Section 782.04(3), Florida Statutes (1977). The trial judge

Abreau v. State

347 So. 2d 819

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 1687129

Cited 4 times | Published

degree murder were: § 784.06 Fla. Stat. (1973); § 782.04(1)(a), Fla. Stat. (Supp. 1974). The crime now

Miller v. State

343 So. 2d 1292

District Court of Appeal of Florida | Filed: Mar 15, 1977 | Docket: 1710507

Cited 4 times | Published

1975, with first degree murder in violation of Section 782.04, Florida Statutes (1975). The case proceeded

Hutchinson v. State

309 So. 2d 184

District Court of Appeal of Florida | Filed: Mar 12, 1975 | Docket: 1770373

Cited 4 times | Published

of the victim, Kenneth Kirkland, contrary to F.S. 782.04, the sole basis upon which the appellants' convictions

Edwards v. State

302 So. 2d 479

District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 1742841

Cited 4 times | Published

1937, 128 Fla. 848, 176 So. 38, 39. As defined in § 782.04, Fla. Stat., murder in the first degree requires

Roberson v. State

258 So. 2d 257

Supreme Court of Florida | Filed: Dec 16, 1971 | Docket: 1236856

Cited 4 times | Published

charging murder in the first degree. Fla. Stat. § 782.04, F.S.A., provides that the punishment for such

Chavigny v. State

163 So. 2d 47

District Court of Appeal of Florida | Filed: Apr 3, 1964 | Docket: 1713069

Cited 4 times | Published

unlawful because imposed upon a dead body, because Section 782.04, Florida Statutes, F.S.A., as here applied

Beckman v. State

230 So. 3d 77

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148142

Cited 3 times | Published

imprisonment. See § 775.082(1)(b), Fla. Stat. (2015); § 782.04(1)(a)1., Fla. Stat. (2015). Because he was seventeen

Smith v. State

215 So. 3d 113, 2017 WL 729773, 2017 Fla. App. LEXIS 2537

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60264532

Cited 3 times | Published

statement of law in its closing argument. Section 782.04(3), Florida Statutes, lists the offenses which

Cortez Hatten v. State of Florida

203 So. 3d 142, 41 Fla. L. Weekly Supp. 352, 2016 Fla. LEXIS 1910

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416255

Cited 3 times | Published

-q. See § 777.04(4)(c), Fla. Stat.; § 782.04(2), Fla. Stat.; § 775.087(2)(a)l.a., Fla. Stat

Sandhaus v. State

200 So. 3d 112, 2016 Fla. App. LEXIS 1156, 2016 WL 347357

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 60256778

Cited 3 times | Published

effect the death of any particular individual.” § 782.04(2), Fla. Stat. (2011). The Florida Supreme Court

Williams v. State

182 So. 3d 11, 2015 Fla. App. LEXIS 15182, 2015 WL 5965155

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919754

Cited 3 times | Published

charged in count 2 is a felony enumerated in section 782.04(3), and the later act of .shooting the victim

Connolly, Jr. v. State

172 So. 3d 893, 2015 Fla. App. LEXIS 11352

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679137

Cited 3 times | Published

human life” and the act caused the victim’s death, § 782.04(2), the defendant is guilty as a principal for

Smart v. City of Miami

107 F. Supp. 3d 1271, 2015 U.S. Dist. LEXIS 68344, 2015 WL 3409329

District Court, S.D. Florida | Filed: May 27, 2015 | Docket: 64302267

Cited 3 times | Published

bond. Felony murder is a crime governed by Section 782.04, Florida Statutes. To establish probable cause

Bolin v. State

117 So. 3d 728, 38 Fla. L. Weekly Supp. 453, 2013 Fla. LEXIS 271, 2013 WL 627146

Supreme Court of Florida | Filed: Feb 21, 2013 | Docket: 60232771

Cited 3 times | Published

effect the death of the person killed[.]” See § 782.04(l)(a)l, Fla. Stat. (1985). Penalty Phase Claims

Farr v. State

124 So. 3d 766, 2012 WL 9337465

Supreme Court of Florida | Filed: Nov 29, 2012 | Docket: 60235563

Cited 3 times | Published

death is not an element of felony murder. See § 782.04(l)(a)2., Fla. Stat. (1990). Consequently, Slaughter

Kaczmar v. State

104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

first-degree premeditated murder. We disagree. Section 782.04, Florida Statutes (2007), governs murder in

Kaczmar v. State

104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

first-degree premeditated murder. We disagree. Section 782.04, Florida Statutes (2007), governs murder in

Shavers v. State

86 So. 3d 1218, 2012 Fla. App. LEXIS 6921, 2012 WL 1521534

District Court of Appeal of Florida | Filed: May 2, 2012 | Docket: 60307594

Cited 3 times | Published

is not an element of premeditated murder. See § 782.04(1)(a)(1), Fla. Stat. (2007) (setting forth the

Williams v. State

70 So. 3d 726, 2011 Fla. App. LEXIS 14947, 2011 WL 4374283

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2356421

Cited 3 times | Published

v. State, 493 So.2d 1019 (Fla.1986)); see also § 782.04(1), Fla. Stat. (2007). "Premeditation is a fully

Hernandez v. State

56 So. 3d 752, 35 Fla. L. Weekly Supp. 714, 2010 Fla. LEXIS 2083, 2010 WL 4977481

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60298635

Cited 3 times | Published

section 893.135(1), Florida Statutes (2002). See § 782.04(1)(a)2., Fla. Stat. (2002) (providing that an

Campbell v. State

29 So. 3d 1147, 2010 Fla. App. LEXIS 580, 2010 WL 325898

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1642793

Cited 3 times | Published

example between second and third degree murder. See § 782.04, Florida Statutes (2003). It simply says, murder

Wainwright v. State

2 So. 3d 948, 33 Fla. L. Weekly Supp. 929, 2008 Fla. LEXIS 2278, 2008 WL 4998949

Supreme Court of Florida | Filed: Nov 26, 2008 | Docket: 1643710

Cited 3 times | Published

qualifying felonies under the felony murder statute. § 782.04(1)(a)(2)(d), (1)(a)(2)(f), Fla. Stat. (1993).

Carranza v. State

985 So. 2d 1199, 2008 WL 2663701

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1673227

Cited 3 times | Published

for first-degree premeditated murder under section 782.04(1)(a)1., Florida Statutes, the state must prove

Sousa v. State

976 So. 2d 639, 2008 WL 612346

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1679748

Cited 3 times | Published

first-degree felony, punishable by life imprisonment. § 782.04(2), Fla. Stat. (1999). Attempted second-degree

Aumuller v. State

944 So. 2d 1137, 2006 WL 3524033

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1649572

Cited 3 times | Published

murder by drug distribution in violation of section 782.04(1)(a)(3), Florida Statutes (2001).[1] He raises

Mendoza v. State

941 So. 2d 523, 2006 WL 3209935

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 431642

Cited 3 times | Published

degree murder is a capital felony pursuant to section 782.04(1), Florida Statutes (2002). It is reduced

Wagner v. State

921 So. 2d 38, 2006 WL 167817

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1658454

Cited 3 times | Published

Rivera v. State, 561 So.2d 536, 539 (Fla.1990)). Section 782.04(2)d, Florida Statutes, states that the killing

Jones v. State

908 So. 2d 615, 2005 WL 2016241

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 1397392

Cited 3 times | Published

commit First Degree Murder in violation of Florida Statute 782.04(1) & 777.04." In July of 2002, Hunt was

Darling v. State

886 So. 2d 417, 2004 WL 2579634

District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 48795

Cited 3 times | Published

for attempted first degree murder pursuant to section 782.04, Florida Statutes (1995). Appellant alleges

McClenithan v. State

855 So. 2d 675, 2003 WL 22213712

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752630

Cited 3 times | Published

remanded. DAVIS and VILLANTI, JJ., Concur. NOTES [1] § 782.04(1)(a), Fla. Stat. (2000); § 777.04(1), Fla. Stat

Hall v. State

853 So. 2d 546, 2003 WL 22023448

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1660245

Cited 3 times | Published

made first degree murder punishable by death. See § 782.04(1)(b), Fla. Stat. (1991); Lewis v. State, 780

Tillman v. State

842 So. 2d 922, 2003 WL 1023022

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1439857

Cited 3 times | Published

would support a felony murder conviction. See § 782.04(1), Fla. Stat. (1997). He also asserted that the

Michelson v. State

805 So. 2d 983, 2001 WL 1540465

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 523455

Cited 3 times | Published

degree felony murder as charged in the indictment. § 782.04(3)(g), Fla. Stat. (1999). In addition, per the

Tunsil v. State

797 So. 2d 651, 2001 WL 1266231

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1359293

Cited 3 times | Published

third degree murder is a second degree felony. § 782.04(4), Fla. Stat. (1993). The trial court enhanced

Brown v. State

761 So. 2d 1135, 2000 WL 309814

District Court of Appeal of Florida | Filed: Mar 27, 2000 | Docket: 1709338

Cited 3 times | Published

twice. We reject this contention and affirm. Section 782.04(1)(a), Florida Statutes (1997), defines murder

Brown v. State

761 So. 2d 1135, 2000 WL 309814

District Court of Appeal of Florida | Filed: Mar 27, 2000 | Docket: 1709338

Cited 3 times | Published

twice. We reject this contention and affirm. Section 782.04(1)(a), Florida Statutes (1997), defines murder

Osorio v. State

746 So. 2d 490, 1999 WL 821206

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1360206

Cited 3 times | Published

CASANUEVA and DAVIS, JJ., Concur. NOTES [1] See § 782.04(1)(a)(1), Fla. Stat. (1997). [2] See §§ 782.04(4)

Larman v. State

724 So. 2d 1230, 1999 WL 4897

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1409630

Cited 3 times | Published

GRIFFIN, C.J., and DAUKSCH, JJ., concur. NOTES [1] § 782.04(1)(a)2, Fla. Stat. (1995). [2] § 777.04(3), Fla

Johnson v. State

718 So. 2d 848, 1998 WL 518609

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 466365

Cited 3 times | Published

GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] § 782.04(1)(a)1, Fla. Stat. (1995). [2] § 812.014(1),

Johnson v. State

718 So. 2d 848, 1998 WL 518609

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 466365

Cited 3 times | Published

GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] § 782.04(1)(a)1, Fla. Stat. (1995). [2] § 812.014(1),

Tricarico v. State

711 So. 2d 624, 1998 WL 264017

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1337320

Cited 3 times | Published

felony in the first degree murder statute. See § 782.04(1)(a), Fla. Stat. (1981). Attempted trafficking

Richardson v. State

705 So. 2d 608, 1997 WL 777397

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1998336

Cited 3 times | Published

imprisonment for a term of years, not exceeding life. § 782.04(2), Fla. Stat. (1993). Secondly, Richardson alleges

Richardson v. State

705 So. 2d 608, 1997 WL 777397

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1998336

Cited 3 times | Published

imprisonment for a term of years, not exceeding life. § 782.04(2), Fla. Stat. (1993). Secondly, Richardson alleges

Beltran v. State

700 So. 2d 132, 1997 WL 633748

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1373859

Cited 3 times | Published

011(2) (capital sexual battery) instead of section 782.04(2)(second degree murder). We remand to the

Ferreira v. State

692 So. 2d 264, 1997 WL 199176

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 436118

Cited 3 times | Published

AFFIRMED. DAUKSCH and COBB, JJ., concur. NOTES [1] § 782.04(1)(a)2, Fla.Stat. (1995). [2] §§ 777.01(1), 812

Pozo v. State

682 So. 2d 1124, 1996 WL 536493

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1276078

Cited 3 times | Published

statutory chapter for second-degree murder as section 782.04(2), Florida Statutes (rather than § 784.04(2))

Jamerson v. State

677 So. 2d 1299, 1996 WL 410698

District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1690070

Cited 3 times | Published

one of the underlying predicate felonies. See § 782.04(1)(a),(3),(4), Fla. Stat. (1993). Here, the underlying

Netterville v. State

673 So. 2d 986, 1996 WL 279901

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 2521010

Cited 3 times | Published

incorrectly refers to section "782.04(01A)," when the correct statutory citation is section 782.04(2), Florida

Ritchie v. State

670 So. 2d 924, 1996 WL 136909

Supreme Court of Florida | Filed: Mar 28, 1996 | Docket: 1246380

Cited 3 times | Published

first-degree felony punishable by a life sentence. See § 782.04(2), Fla.Stat. (1993) (providing that second-degree

Ritchie v. State

670 So. 2d 924, 1996 WL 136909

Supreme Court of Florida | Filed: Mar 28, 1996 | Docket: 1246380

Cited 3 times | Published

first-degree felony punishable by a life sentence. See § 782.04(2), Fla.Stat. (1993) (providing that second-degree

Small v. State

667 So. 2d 299, 1995 WL 557550

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 161013

Cited 3 times | Published

murder is a term of years not exceeding life (section 782.04(2), Florida Statutes (1993)), the sentencing

Keltner v. State

650 So. 2d 1066, 1995 WL 62889

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 2587241

Cited 3 times | Published

ALTENBERND and LAZZARA, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1993). [2] § 790.19, Fla. Stat

Weatherspoon v. State

624 So. 2d 405, 1993 WL 372194

District Court of Appeal of Florida | Filed: Sep 24, 1993 | Docket: 1517949

Cited 3 times | Published

A.C.J., and SCHOONOVER, J., concur. NOTES [1] § 782.04(1)(a)1., Fla. Stat. (1991). [2] §§ 812.13(2)(a)

Regueiro v. State

619 So. 2d 463, 1993 WL 191991

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 1382330

Cited 3 times | Published

by sections 775.082, 775.083, or 775.084. See § 782.04(2), Fla. Stat. (1991). Thus, in the context of

Shellman v. State

620 So. 2d 1010, 1993 WL 113316

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1386882

Cited 3 times | Published

assault. The state relies on the wording of section 782.04(1)(a), Florida Statutes (1991), which proscribes

Hieke v. State

605 So. 2d 983, 1992 WL 259789

District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 1343527

Cited 3 times | Published

while committing or attempting to commit a felony. § 782.04(4), Fla. Stat. (1991). In other words, under third

Andrews v. State

577 So. 2d 650, 1991 WL 43189

District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 1654296

Cited 3 times | Published

without any premeditated design to effect his death. § 782.04, Fla. Stat. (1987). We have no difficulty concluding

Pray v. State

571 So. 2d 554, 16 Fla. L. Weekly 3

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 1653475

Cited 3 times | Published

underlying felony to support the conviction. Section 782.04, Florida Statute (1987) defines third degree

State v. Reddick

568 So. 2d 902, 1990 WL 130218

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 533947

Cited 3 times | Published

Instructions in Criminal Cases, first-degree murder (section 782.04(1)(a), Florida Statutes (1985)) has three elements:

Timmons v. State

548 So. 2d 255, 1989 WL 103315

District Court of Appeal of Florida | Filed: Jul 14, 1989 | Docket: 1333184

Cited 3 times | Published

convictions for first-degree felony murder under section 782.04(1)(a)(2)(h), Florida Statutes (1985), and the

Soberon v. State

545 So. 2d 490, 1989 WL 68942

District Court of Appeal of Florida | Filed: Jun 27, 1989 | Docket: 1345409

Cited 3 times | Published

show "a depraved mind regardless of human life," § 782.04(2), Fla. Stat. (1987), an essential element of

Grantham v. State

545 So. 2d 945, 1989 WL 65653

District Court of Appeal of Florida | Filed: Jun 16, 1989 | Docket: 1488519

Cited 3 times | Published

instruction on third-degree murder, pursuant to Section 782.04, Florida Statutes. We affirm on these issues

Garcia v. State

535 So. 2d 290, 1988 WL 107045

District Court of Appeal of Florida | Filed: Dec 27, 1988 | Docket: 1306007

Cited 3 times | Published

excludes justifiable and excusable homicides), § 782.04(2), Fla. Stat. (1985). This affirmative finding

Rojas v. State

535 So. 2d 674, 1988 WL 135843

District Court of Appeal of Florida | Filed: Dec 22, 1988 | Docket: 1711161

Cited 3 times | Published

AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1985). Rojas was also convicted

Ledesma v. State

528 So. 2d 470, 1988 WL 69357

District Court of Appeal of Florida | Filed: Jul 8, 1988 | Docket: 1367945

Cited 3 times | Published

State v. Mischler, 488 So.2d 523 (Fla. 1986); § 782.04(1)(a), Fla. Stat. (1985). Second, a finding that

Montoya v. State

489 So. 2d 794, 11 Fla. L. Weekly 1169

District Court of Appeal of Florida | Filed: May 20, 1986 | Docket: 545310

Cited 3 times | Published

Second degree murder is a first degree felony. § 782.04(2), Fla. Stat. (1983). Although Montoya correctly

White v. Wainwright

632 F. Supp. 1140

District Court, S.D. Florida | Filed: Mar 31, 1986 | Docket: 2113599

Cited 3 times | Published

head with a deadly weapon, in violation of Florida Statute 782.04. The trial judge, the Honorable Richard

WSL v. State

470 So. 2d 828, 10 Fla. L. Weekly 1469

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1261708

Cited 3 times | Published

not in themselves the cause of the death. See section 782.04(1)(a)(2), Florida Statutes (1983). As his second

Williams v. State

466 So. 2d 1246, 10 Fla. L. Weekly 936

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 1524945

Cited 3 times | Published

the felony murder charge in Count 1. Under Section 782.04(1)(a)2d, first degree felony murder requires

Hall v. Wainwright

733 F.2d 766

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1984 | Docket: 66197297

Cited 3 times | Published

effect the death of the person killed,” Fla.Stat. § 782.-04(l)(a)(l) (West Supp.1983), or that he was a principal

Spikes v. State

405 So. 2d 430

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1703662

Cited 3 times | Published

second-degree murder is classified a first-degree felony. § 782.04(2), Fla. Stat. (1979). These circumstances, argues

Thompson v. State

397 So. 2d 354

District Court of Appeal of Florida | Filed: Apr 9, 1981 | Docket: 1356987

Cited 3 times | Published

the underlying felony of attempted robbery. Section 782.04(1)(a), Florida Statutes (1979), provides that

Johnson v. State

379 So. 2d 704

District Court of Appeal of Florida | Filed: Feb 12, 1980 | Docket: 1681294

Cited 3 times | Published

of First Degree Murder in violation of Florida Statute 782.04." The appellant was tried in the criminal

Ackerman v. State

372 So. 2d 215

District Court of Appeal of Florida | Filed: Jun 29, 1979 | Docket: 1695781

Cited 3 times | Published

first degree under the felony — murder statute, Section 782.04(1)(a), Florida Statutes. I have considered

Black v. State

360 So. 2d 142

District Court of Appeal of Florida | Filed: Jun 28, 1978 | Docket: 1474487

Cited 3 times | Published

the 9th day of May, 1976, in violation of Florida Statute 782.04, unlawfully and perpetrated from a premeditated

O'Berry v. State

348 So. 2d 670

District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 1760641

Cited 3 times | Published

boyfriend, one Vincent Lyon, in violation of Section 782.04, Florida Statutes (1975). The shooting occurred

Wright v. State

344 So. 2d 1334

District Court of Appeal of Florida | Filed: Apr 29, 1977 | Docket: 474717

Cited 3 times | Published

stated by way of the following question: Does Section 782.04(3), Florida Statutes, defining those who shall

Gonzalez v. State

300 So. 2d 691

District Court of Appeal of Florida | Filed: Sep 27, 1974 | Docket: 1434771

Cited 3 times | Published

defendant did not know that the law, F.S.A. Section 782.04 had a mandatory minimum sentence of twenty

HIRAM GONZALEZ MORALES v. STATE OF FLORIDA

251 So. 3d 167

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292505

Cited 2 times | Published

life. Fla. Std. Crim. Jury Instr. (Crim.) 7.4; § 782.04(2), Fla. Stat. (2014). For second degree murder

STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR.

250 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225311

Cited 2 times | Published

also classifies that crime as a capital felony. § 782.04(1)(a), Fla. Stat. (2016). The Florida Criminal

James Alfred Jacobsen v. State of Florida

248 So. 3d 286

District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 7096604

Cited 2 times | Published

State, 394 So. 2d 544, 545 (Fla. 5th DCA 1981); § 782.04, Fla. Stat. (2013). An act is imminently dangerous

Reed v. Clough

694 F. App'x 716

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2017 | Docket: 65965339

Cited 2 times | Published

the death of the person killed....” Fla. Stat. § 782.04(1)(a)(1). And “[a] person who attempts to commit

Butner v. State

217 So. 3d 1162, 2017 WL 1534812, 2017 Fla. App. LEXIS 5899

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265634

Cited 2 times | Published

count one, attempted second-degree murder, section 782.04, Florida Statutes (2012); on count two, aggravated

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262, 2017 Fla. App. LEXIS 4539

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613

Cited 2 times | Published

Section *1271 784.045(1)(a)(2), and Section 782.04(2), Florida Statutes. (L10) COUNT II:

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590

Cited 2 times | Published

of, or in the attempt to perpetrate” a robbery. § 782.04(l)(a)(2)(d), Fla. Stat. (2002). A defendant is

Mason v. State

134 So. 3d 499, 2014 WL 537073, 2014 Fla. App. LEXIS 1841

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60239249

Cited 2 times | Published

felony punishable by a term of years up to life. § 782.04(2), Fla. Stat. (1989). The statute under which

Rojas v. Garda CL Southeast, Inc.

297 F.R.D. 669, 25 Wage & Hour Cas.2d (BNA) 891, 2013 WL 6834657, 2013 U.S. Dist. LEXIS 179595

District Court, S.D. Florida | Filed: Dec 23, 2013 | Docket: 66052051

Cited 2 times | Published

(quoting Opelika, 299 F.2d at 43); see also 29 C.F.R. § 782.4(a). This Court recognizes that the class of employees

Bogart v. State

114 So. 3d 316, 2013 WL 1980610, 2013 Fla. App. LEXIS 7864

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231852

Cited 2 times | Published

Taylor v. State, 583 So.2d 323, 328 (Fla.1991)). Section 782.04(2), Florida Statutes (2008), supplies the definition

Scott v. State

109 So. 3d 866, 2013 WL 950380, 2013 Fla. App. LEXIS 3927

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229830

Cited 2 times | Published

first-degree felony punishable by life, see section 782.04(2), Florida Statutes (2007), Scott’s status

Colletti v. State

74 So. 3d 497, 2011 Fla. App. LEXIS 13053, 2011 WL 3659458

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 2359888

Cited 2 times | Published

Stephen Colletti of third-degree felony murder. See § 782.04(4), Fla. Stat. (2008). On appeal, he contends

Dean v. State

82 So. 3d 851, 2011 Fla. App. LEXIS 6666, 2011 WL 1775046

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 2416139

Cited 2 times | Published

second degree felony murder. As defined by section 782.04(3), Florida Statutes (2005), second degree

Dean v. State

82 So. 3d 851, 2011 Fla. App. LEXIS 6666, 2011 WL 1775046

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 2416139

Cited 2 times | Published

second degree felony murder. As defined by section 782.04(3), Florida Statutes (2005), second degree

Landry v. State

61 So. 3d 1160, 2011 Fla. App. LEXIS 5361, 2011 WL 1431533

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 2361705

Cited 2 times | Published

J., GRIFFIN and COHEN, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1989). [2] By virtue of a statutory

Stanley v. State

57 So. 3d 944, 2011 Fla. App. LEXIS 4362, 2011 WL 1135284

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299210

Cited 2 times | Published

such case pursuant to [sjections 782.04(1).” Section 782.04, Florida Statutes (2007), titled “Murder,”

Jones v. State

36 So. 3d 903, 2010 Fla. App. LEXIS 8201, 2010 WL 2292047

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1639064

Cited 2 times | Published

person killed" is murder in the first degree. § 782.04(1)(a)1., Fla. Stat. (2008). The essential element

Clowers v. State

31 So. 3d 962, 2010 Fla. App. LEXIS 4863, 2010 WL 1444885

District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 2540516

Cited 2 times | Published

stood convicted of a capital felony under section 782.04(1)(a), the only penalty for which, short of

LUMSDON v. State

29 So. 3d 390, 2010 Fla. App. LEXIS 2523, 2010 WL 711786

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1134351

Cited 2 times | Published

for a conviction for second degree murder. See § 782.04(2), Fla. Stat. (2004) (defining second degree

Baker v. State

4 So. 3d 758, 2009 Fla. App. LEXIS 2133, 2009 WL 593196

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 60295123

Cited 2 times | Published

statute that proscribes that offense (i.e., section 782.04(2), Florida Statutes). We disagree. Appellant

Cannon v. State

18 So. 3d 562, 2009 Fla. App. LEXIS 140, 2009 WL 56030

District Court of Appeal of Florida | Filed: Jan 12, 2009 | Docket: 1178880

Cited 2 times | Published

capital felony of which appellant stands convicted. § 782.04(1 )(a)2., Fla. Stat. (2003). . There has been

Billie v. State

963 So. 2d 837, 2007 WL 2254517

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 433182

Cited 2 times | Published

review. [3] Second-degree murder is defined in section 782.04(2), Florida Statutes (1997) as: The unlawful

Jennings v. Crosby

392 F. Supp. 2d 1312, 2005 U.S. Dist. LEXIS 29734, 2005 WL 2406040

District Court, N.D. Florida | Filed: Sep 29, 2005 | Docket: 2363562

Cited 2 times | Published

and was a capital felony under Florida law. See § 782.04(1)(a). Fla. Stat. (1977).[25] The crime was punishable

Franco v. State

901 So. 2d 901, 2005 WL 906171

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1666236

Cited 2 times | Published

charged with first degree drug distribution murder. § 782.04(1)(a)(3), Fla. Stat. (1999). Pena gave the victim

State v. Florida

894 So. 2d 941, 30 Fla. L. Weekly Supp. 105, 2005 Fla. LEXIS 265

Supreme Court of Florida | Filed: Feb 17, 2005 | Docket: 64836241

Cited 2 times | Published

Statutes (2004), which defines attempt, and section 782.04(2), Florida Statutes (2004), which defines

Bailey v. State

877 So. 2d 836, 2004 WL 1497008

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1684487

Cited 2 times | Published

First degree murder is a capital felony, see § 782.04(1)(a), Fla. Stat. (1993); and the attempt to commit

Moran v. State

869 So. 2d 613, 2004 WL 432471

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1175609

Cited 2 times | Published

the statutory citation to Florida Statutes section 782.04 and any reference to the element of premeditation

Bannister v. State

844 So. 2d 767, 2003 WL 21074710

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 2560179

Cited 2 times | Published

imprisonment for a term of years not exceeding life. § 782.04, Fla. Stat. (1979); Page v. State, 687 So.2d 1357

Perez v. State

840 So. 2d 1179, 2003 WL 1785872

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1463455

Cited 2 times | Published

THOMPSON, C.J., and ORFINGER, J., concur. NOTES [1] § 782.04(1)(a)(1), Fla. Stat. (1995) [2] § 812.13(2)(a)

Pignataro v. State

834 So. 2d 965, 2003 WL 160331

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 1697610

Cited 2 times | Published

drug-distribution, first-degree murder under section 782.04(1)(a)(3), Florida Statutes (1999), and the

Williams v. State

784 So. 2d 524, 2001 WL 417331

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1744102

Cited 2 times | Published

offense. We agree. Second degree murder under section 782.04(2) is ranked as a level 10 offense under section

Andreu v. State

696 So. 2d 1220, 1997 WL 282354

District Court of Appeal of Florida | Filed: May 30, 1997 | Docket: 1325946

Cited 2 times | Published

a depraved mind regardless of human life...." § 782.04(2), Fla. Stat. (1995); see also § 777.04(1), Fla

Tooley v. State

675 So. 2d 984, 1996 WL 283691

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1322686

Cited 2 times | Published

legally amended to grant the option. NOTES [1] § 782.04, Fla.Stat. (1993); § 777.04(1), Fla. Stat. (1991)

State v. Ashley

670 So. 2d 1087, 1996 WL 124657

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 1671486

Cited 2 times | Published

and third-degree felony murder, contrary to section 782.04(4), Florida Statutes (1993), both offenses

Taylor v. State

659 So. 2d 1202, 1995 WL 497175

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1462431

Cited 2 times | Published

sentence. § 775.082(3)(b), Fla. Stat. (1993); § 782.04(2), Fla. Stat. (1993). Affirmed. NOTES [1] See

Harris v. State

650 So. 2d 639, 1995 WL 37339

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1345757

Cited 2 times | Published

life imprisonment or not less than 20 years. Section 782.04, Fla. Stat. (1966). Presently, second degree

Howe v. State

596 So. 2d 1227, 1992 WL 72037

District Court of Appeal of Florida | Filed: Apr 10, 1992 | Docket: 2580711

Cited 2 times | Published

imprisonment for a term of years not exceeding life. See § 782.04(2), Fla. Stat. (1989). Since Howe's offense was

Howard v. State

545 So. 2d 352, 1989 WL 52825

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 640008

Cited 2 times | Published

other than [those specified in Section 782.04(1)(a)2.]... . Section 782.04(4), Florida Statutes (1985).

Webster v. State

540 So. 2d 124, 1989 WL 11250

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1294368

Cited 2 times | Published

of the second-degree felony murder statute, section 782.04(3), Florida Statutes (1985). This section provides

Harris v. State

533 So. 2d 1187, 1988 WL 122435

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 1233520

Cited 2 times | Published

depraved mind regardless of human life, ... ." § 782.04(2), Florida Statutes (1987). Inherent components

Ogletree v. State

525 So. 2d 967, 1988 WL 47249

District Court of Appeal of Florida | Filed: May 12, 1988 | Docket: 1710740

Cited 2 times | Published

section 777.04,[2] and the homicide statute, section 782.04,[3] and because neither statute explicitly

Perez v. State

524 So. 2d 720, 1988 WL 44474

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1341780

Cited 2 times | Published

charged with second-degree murder in violation of section 782.04, Florida Statutes (1983). The information alleged

State v. Oliver

490 So. 2d 1372, 11 Fla. L. Weekly 1538

District Court of Appeal of Florida | Filed: Jul 11, 1986 | Docket: 1489105

Cited 2 times | Published

guilty of second-degree felony-murder under section 782.04, Florida Statutes (1985). Appellee then filed

Kosek v. State

448 So. 2d 57

District Court of Appeal of Florida | Filed: Apr 5, 1984 | Docket: 429322

Cited 2 times | Published

provided in sections 775.082, 775.083 or 775.084. § 782.04(2), Fla. Stat. (1977). The state relies on Harmon

Ulloa v. State

441 So. 2d 169

District Court of Appeal of Florida | Filed: Nov 15, 1983 | Docket: 1297124

Cited 2 times | Published

1974); Huntley v. State, 66 So.2d 504 (Fla. 1953); § 782.04(2), Fla. Stat. (1981). Second, we see no error

McCauley v. State

405 So. 2d 1350

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1348251

Cited 2 times | Published

evincing a depraved mind regardless of human life." § 782.04(2), Fla. Stat. (1979). The dissent would hold

Hillery v. State

391 So. 2d 776

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 1174548

Cited 2 times | Published

result of one of the felonies enumerated in section 782.04(1), we hold that the defendant may not be convicted

Miller v. State

379 So. 2d 421

District Court of Appeal of Florida | Filed: Jan 30, 1980 | Docket: 2533374

Cited 2 times | Published

third-degree felony murder in violation of Section 782.04(4), Florida Statutes (1977). The defendants

Stern v. State

296 So. 2d 549

District Court of Appeal of Florida | Filed: May 7, 1974 | Docket: 1613407

Cited 2 times | Published

murder in the second degree comprises, according to § 782.04(2) Fla. Stat., F.S.A.) is imprisonment in the

Clayton v. State

272 So. 2d 860

District Court of Appeal of Florida | Filed: Jan 31, 1973 | Docket: 1643626

Cited 2 times | Published

conviction for third degree murder pursuant to § 782.04, Fla. Stat., F.S.A.;[2] 2) that appellant was

Michael Jon Moss v. State of Florida

270 So. 3d 559

District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420920

Cited 1 times | Published

Gordon v. State, 780 So. 2d 17, 21 (Fla. 2001); § 782.04(1) Fla. Stat. (2017); § 777.04(1), Fla. Stat.

ASHLYN SALOMON v. STATE OF FLORIDA

267 So. 3d 25

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752835

Cited 1 times | Published

individual, is murder in the second degree . . . .” § 782.04(2), Fla. Stat. (2016). “In the context of second-degree

Davis v. City of Apopka

356 F. Supp. 3d 1366

District Court, M.D. Florida | Filed: Dec 21, 2018 | Docket: 64322443

Cited 1 times | Published

the death of the person killed ...." Fla. Stat. § 782.04(1)(a)(1). "A person who attempts to commit an

State of Florida v. Kenneth Purdy

252 So. 3d 723

Supreme Court of Florida | Filed: Aug 30, 2018 | Docket: 7774999

Cited 1 times | Published

to homicide offenses, which are defined in section 782.04, Florida Statutes (2015), and nonhomicide offenses

Courtney S. Brown v. State of Florida

243 So. 3d 1037

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365061

Cited 1 times | Published

attempted second-degree murder in violation of section 782.04(2), Florida Statutes; (2) Appellant wantonly

Christopher Dean v. State of Florida

230 So. 3d 420

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146156

Cited 1 times | Published

is guilty of murder in the second degree .... § 782.04(3), Fla. Stat. (2004). Pursuant to the statute

Simmons v. State

215 So. 3d 162, 2017 WL 1201879, 2017 Fla. App. LEXIS 4481

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 60264613

Cited 1 times | Published

punishable by a term of years up to life in prison, see § 782.04(2), Fla. Stat. (2013), the requirement for concurrent

Zachary Taylor Wood v. State of Florida

209 So. 3d 1217, 42 Fla. L. Weekly Supp. 108, 2017 Fla. LEXIS 232

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577409

Cited 1 times | Published

premeditated murder and felony-murder theories. See § 782.04, Fla. Stat. (2008). The jury found Wood guilty

Pierce v. State

198 So. 3d 1051, 2016 Fla. App. LEXIS 12453, 2016 WL 4380074

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256389

Cited 1 times | Published

acted with a depraved mind, as required under section 782.04(2), Florida Statutes. As such, we affirm.

Collins v. State

189 So. 3d 342, 2016 WL 1621080, 2016 Fla. App. LEXIS 6249

District Court of Appeal of Florida | Filed: Apr 25, 2016 | Docket: 60254479

Cited 1 times | Published

life sentence for count 2 was unconstitutional. § 782.04(2), Fla. Stat. (2005). Therefore, just as in Horsley

Kyree Luis Perez v. State of Florida

187 So. 3d 1279, 2016 WL 1425941, 2016 Fla. App. LEXIS 5514

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052606

Cited 1 times | Published

effect the death of any particular individual.” § 782.04(2), Fla. .Stat. (2013). The depraved-mind element

Joseph Edward Jordan v. State of Florida

176 So. 3d 920, 40 Fla. L. Weekly Supp. 612, 2015 Fla. LEXIS 2231, 2015 WL 5853918

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866124

Cited 1 times | Published

felony murder. Felony murder is defined in section 782.04(l)(a)2.d., Florida Statutes (2008), which states:

Joseph Edward Jordan v. State of Florida

176 So. 3d 920, 40 Fla. L. Weekly Supp. 612, 2015 Fla. LEXIS 2231, 2015 WL 5853918

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866124

Cited 1 times | Published

felony murder. Felony murder is defined in section 782.04(l)(a)2.d., Florida Statutes (2008), which states:

Ahmad R. Milton v. State of Florida

161 So. 3d 1245, 39 Fla. L. Weekly Supp. 708, 2014 Fla. LEXIS 3439, 2014 WL 6474838

Supreme Court of Florida | Filed: Nov 20, 2014 | Docket: 2607364

Cited 1 times | Published

subsection. § 782.051(1), Fla. Stat. (2006). Section 782.04(3) then enumerated the felonies upon which

Mazer v. State

152 So. 3d 20, 2014 Fla. App. LEXIS 17614, 2014 WL 5462519

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60244921

Cited 1 times | Published

punishable by a term of years up to life in prison, see § 782.04(2), Fla. Stat. (1997), a life sentence was discretionary

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-02

137 So. 3d 995, 2014 WL 1622183

Supreme Court of Florida | Filed: Apr 24, 2014 | Docket: 795792

Cited 1 times | Published

attempted to commit a felony enumerated in section 782.04(3). Section 782.051(2), Fla. Stat., applies

Griffin v. State

128 So. 3d 88, 2013 WL 5225303, 2013 Fla. App. LEXIS 14804

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237196

Cited 1 times | Published

jury for second-degree murder in violation of section 782.04(2), Florida Statutes (2010). During the jury

Spagnolo v. State

116 So. 3d 599, 2013 Fla. App. LEXIS 10311, 2013 WL 3237888

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60232405

Cited 1 times | Published

causing the death of [A.S.], in violation of Florida Statute 782.04(4); COUNT II CHILD ABUSE — GREAT BODILY

Chavers v. State

115 So. 3d 1017, 2013 WL 1908404, 2013 Fla. App. LEXIS 7412

District Court of Appeal of Florida | Filed: May 9, 2013 | Docket: 60232047

Cited 1 times | Published

charged Appellant with first-degree murder under section 782.04, Florida Statutes (2010), encompassing both

Omar Blanco v. Secretary, Florida Department of Corrections

688 F.3d 1211, 2012 WL 3081313, 2012 U.S. App. LEXIS 15806

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2012 | Docket: 404351

Cited 1 times | Published

1 . Fla. Stat. § 782.04 (1982). 2 . Fla. Stat. § 810.02

Frederick v. State

93 So. 3d 445, 2012 WL 2912947, 2012 Fla. App. LEXIS 11665

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310591

Cited 1 times | Published

was to murder Mrs. Walter or to murder Reed. See § 782.04(l)(a)l., Fla. Stat. (2007) (defining first-degree

Jones v. McNeil

776 F. Supp. 2d 1323, 2011 WL 845884

District Court, S.D. Florida | Filed: Mar 7, 2011 | Docket: 2342453

Cited 1 times | Published

those convicted of first-degree murder. Fla. Stat. § 782.04(1). In Florida, the narrowing function occurs

Sturdivant v. State

84 So. 3d 1053, 2010 WL 3464984, 2010 Fla. App. LEXIS 13324

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 60306576

Cited 1 times | Published

abuse as a predicate crime for felony murder in section 782.04(l)(a)l-2., Florida Statutes. Contrary to the

Jordan v. State

28 So. 3d 929, 2010 Fla. App. LEXIS 1358, 2010 WL 445938

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1652128

Cited 1 times | Published

degree murder with a firearm is a life felony. Section 782.04(1)(a) provides that first degree murder "constitutes

Lester v. State

25 So. 3d 623, 2009 Fla. App. LEXIS 20045, 2009 WL 4928027

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 2411287

Cited 1 times | Published

by PUNCHING HIM IN THE FACE, in violation of section 782.04(2), Fla. Stat., contrary to the form of the

Bryant v. State

1 So. 3d 267, 2009 Fla. App. LEXIS 59, 2009 WL 30136

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1413011

Cited 1 times | Published

punishable by a term of years not exceeding life. § 782.04, Fla. Stat. (1979). Remanded with instructions

Hodge v. State

970 So. 2d 923, 2008 WL 34809

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1695263

Cited 1 times | Published

Pagan v. State, 830 So.2d 792, 803 (Fla.2002)). Section 782.04(1)(a)2, Florida Statutes, defines felony murder

Burton v. State

969 So. 2d 1087, 2007 WL 3118915

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1725917

Cited 1 times | Published

was classified as a second degree felony.[1]See § 782.04(2), Fla. Stat. (1998); § 777.04, Fla. Stat. (1998)

Rodgers v. State

966 So. 2d 462, 2007 WL 2932820

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1271156

Cited 1 times | Published

third-degree attempted felony murder pursuant to section 782.04(1)(a)); In re Std. Jury Instr. in Crim. Cases

Godwin v. Johnson

957 So. 2d 39, 2007 WL 1213714

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 1679134

Cited 1 times | Published

offense punishable by life in prison pursuant to section 782.04(2), Florida Statutes (2006). The state sought

Bryant v. State

944 So. 2d 1016, 2005 WL 3536335

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1649366

Cited 1 times | Published

for a term of years not exceeding life. . . ." § 782.04(2)(3), Fla. Stat. (1977).[2] For such an offense

Collazo v. State

936 So. 2d 782, 2006 WL 2547338

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 1651057

Cited 1 times | Published

for a first-degree felony. Florida Statutes Section 782.04, Murder, provides, in pertinent part: (4) The

State v. Brown

924 So. 2d 86, 31 Fla. L. Weekly Fed. D 722

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1736034

Cited 1 times | Published

thereafter. Reversed and remanded. NOTES [1] Section 782.04(1)(a), Florida Statutes (2001), provides:

Arnold v. State

892 So. 2d 1172, 2005 WL 264107

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 1517059

Cited 1 times | Published

of the person killed or any human being." See § 782.04(1)(a), Fla. Stat. (2003); Pearce v. State, 880

Souza v. State

889 So. 2d 952, 2004 WL 2923049

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1488693

Cited 1 times | Published

example, between second and third degree murder. See § 782.04, Florida Statutes (2003). It simply says, murder

Whyte v. State

881 So. 2d 1183, 2004 WL 1905898

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1465577

Cited 1 times | Published

discharge said firearm, in violation of Florida Statute 782.04(2), 777.04(1), 775.087(1) and 775.087(2)(a)(2)

Hoover v. State

877 So. 2d 751, 2004 WL 1175922

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1684426

Cited 1 times | Published

degree murder, which is a capital felony, see § 782.04(1), Fla. Stat. (1999), kidnapping while using

Ayala v. State

879 So. 2d 1, 2004 Fla. App. LEXIS 6068, 2004 WL 912675

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 64832056

Cited 1 times | Published

Second-degree murder is a first-degree felony. § 782.04(2), Fla. Stat. (2000). Manslaughter, whether by

Olvera v. State

870 So. 2d 927, 2004 WL 865831

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 1697912

Cited 1 times | Published

SAWAYA, C.J., and PALMER, J., concur. NOTES [1] § 782.04, Fla. Stat. (1991). [2] § 794.011, Fla. Stat

Harvey v. State

865 So. 2d 518, 2003 WL 22681373

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 1656350

Cited 1 times | Published

The information, citing the language from section 782.04(2), alleged that Mr. Harvey committed second-degree

Torres v. State

779 So. 2d 393, 2000 WL 1005261

District Court of Appeal of Florida | Filed: Jul 21, 2000 | Docket: 420353

Cited 1 times | Published

in such cases made and provided, to-wit: Florida Statute 782.04(1). The evidence supporting a conviction

Millian v. State

758 So. 2d 1271, 2000 WL 726810

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 1404432

Cited 1 times | Published

degree premeditated murder in violation of section 782.04(1)(a)(1), Florida Statutes (1995). We also

Busby v. State

766 So. 2d 259, 25 Fla. L. Weekly Fed. D 415

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1329400

Cited 1 times | Published

attempt "to commit an offense prohibited by law." Section 782.04(2) defines second degree murder as, [t]he unlawful

Camellon v. State

741 So. 2d 1179, 1999 WL 729111

District Court of Appeal of Florida | Filed: Sep 13, 1999 | Docket: 109282

Cited 1 times | Published

775.087, Florida Statutes (1995) rather than section 782.04(2), Florida Statutes (1995). Affirmed and remanded

Dorn v. Singletary

26 F. Supp. 2d 1335, 1998 U.S. Dist. LEXIS 17834, 1998 WL 793424

District Court, M.D. Florida | Filed: Nov 6, 1998 | Docket: 64293217

Cited 1 times | Published

the offense of criminal attempt,____ Fla. Stat. § 782.04 Murder (l)(a) The unlawful killing of a human

Traylor v. State

710 So. 2d 172, 1998 WL 188762

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444578

Cited 1 times | Published

murder, a violation of section 782.04(1), Florida Statutes (1995). Section 782.04(1) comprises both premeditated

Stevens v. State

693 So. 2d 144, 1997 WL 255338

District Court of Appeal of Florida | Filed: May 16, 1997 | Docket: 1355018

Cited 1 times | Published

AFFIRMED. COBB and THOMPSON, JJ., concur. NOTES [1] § 782.04(1)(a)1, Fla. Stat. (1994).

Howell v. State

687 So. 2d 1339, 1997 Fla. App. LEXIS 368, 1997 WL 39599

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 64771158

Cited 1 times | Published

assault with a firearm, is a second-degree felony. § 782.04(4), Fla. Stat. (1998). It may not be reclassified

Moody v. State

679 So. 2d 23, 1996 WL 454785

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 1665912

Cited 1 times | Published

first-degree premeditated murder pursuant to section 782.04(1)(a)1, Florida Statutes. See generally Mesa

Lee v. State

667 So. 2d 253, 1995 WL 511480

District Court of Appeal of Florida | Filed: Aug 31, 1995 | Docket: 184784

Cited 1 times | Published

bears an "offense statute number" of 782.04(2). Section 782.04(2), Florida Statutes (Supp. 1980), proscribes

Jauregui v. State

652 So. 2d 898, 1995 WL 119077

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 476045

Cited 1 times | Published

plead guilty to a life felony, which, pursuant to § 782.04, Florida Statutes, was punishable by a term of

Cook v. State

632 So. 2d 86, 1994 WL 10789

District Court of Appeal of Florida | Filed: Jan 18, 1994 | Docket: 462784

Cited 1 times | Published

in the formal adjudication to Florida Statute § 782.04 (first degree murder) should be corrected on remand

Richardson v. State

622 So. 2d 1061, 1993 WL 284957

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 547115

Cited 1 times | Published

HARRIS, C.J., and PETERSON, J., concur. NOTES [1] § 782.04(2), Fla. Stat. (Supp. 1989). [2] § 790.07(2)

Hayles v. State

608 So. 2d 13, 1992 WL 251397

Supreme Court of Florida | Filed: Oct 1, 1992 | Docket: 1449356

Cited 1 times | Published

Strictly speaking, he committed no offense under section 782.04(1)(a). His penalty could be less than life

Williams v. State

601 So. 2d 1253, 1992 WL 143614

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 1710884

Cited 1 times | Published

COUNSEL]: Yes, sir. THE COURT: Granted... . [3] § 782.04(1)(a)1 and/or § 777.011, Fla. Stat. (1989). [4]

Chapman v. State

597 So. 2d 431, 1992 WL 81079

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1351272

Cited 1 times | Published

SECOND DEGREE MURDER WITH A DEADLY WEAPON FLORIDA STATUTE: 782.04/777.04 SECOND DEGREE FELONY First The word

Koleta v. State

592 So. 2d 1267, 1992 WL 21327

District Court of Appeal of Florida | Filed: Feb 7, 1992 | Docket: 1429147

Cited 1 times | Published

inherent component of murder of the second degree. Section 782.04(2), Fla. Stat. (1987). Under the facts of this

Polakoff v. State

586 So. 2d 385, 1991 WL 148349

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1487824

Cited 1 times | Published

a premeditated design to effect the death (section 782.04(1)(a)1., Florida Statutes); assaults with a

State v. Sherouse

536 So. 2d 1194, 1989 WL 2800

District Court of Appeal of Florida | Filed: Jan 19, 1989 | Docket: 1759896

Cited 1 times | Published

any specific intent to kill another person. See § 782.04(2), Fla. Stat. (1987).

Johnson v. State

517 So. 2d 792, 1988 WL 975

District Court of Appeal of Florida | Filed: Jan 12, 1988 | Docket: 541034

Cited 1 times | Published

with a depraved mind regardless of human life, § 782.04(1)(a)1., (2), Fla. Stat. (1983). Reason number

Blankenship v. State

516 So. 2d 76, 1987 WL 2032

District Court of Appeal of Florida | Filed: Dec 3, 1987 | Docket: 1267124

Cited 1 times | Published

UPCHURCH, C.J., and DAUKSCH, J., concur. NOTES [1] § 782.04(2), Fla. Stat. (1985). [2] § 777.04(4)(a), Fla

Bean v. State

469 So. 2d 768

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1272275

Cited 1 times | Published

statute which contemplates one punishment. See § 782.04(1)(a), Fla. Stat. (1983). It is a crime which

Jackson v. State

403 So. 2d 1063

District Court of Appeal of Florida | Filed: Sep 9, 1981 | Docket: 1251191

Cited 1 times | Published

on the basis of the felony murder portion of section 782.04(1)(a). See also Goodwin v. State, 405 So.2d

Andrews v. State

372 So. 2d 143

District Court of Appeal of Florida | Filed: Jun 12, 1979 | Docket: 1325125

Cited 1 times | Published

perpetration of a robbery or burglary. See Section 782.04(1)(a), Florida Statutes (1975); State v. Jefferson

Keaton v. State

273 So. 2d 385

Supreme Court of Florida | Filed: Feb 21, 1973 | Docket: 1512859

Cited 1 times | Published

NOTES [1] Fla. Stat. § 919.23(2); Fla. Stat. § 782.04(1), F.S.A. [2] At the time Furman v. Georgia

Reyes v. State

155 So. 2d 663

District Court of Appeal of Florida | Filed: Aug 13, 1963 | Docket: 60214523

Cited 1 times | Published

indicted by the Grand Jury and charged,, under § 782.04, Fla.Stat., F.S.A., with the commission of a homicide

Bega v. State

100 So. 2d 455

District Court of Appeal of Florida | Filed: Feb 19, 1958 | Docket: 60189271

Cited 1 times | Published

the death of any particular individual, * * * Section 782.04, Florida Statutes, F.S.A. The phrase “evincing

Camden James Stukins v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098981

Published

effect the death of any particular individual.” § 782.04(2), Fla. Stat. (2020). An act evinces a “depraved

Scott v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70739435

Published

design to effect the death of the person killed.” § 782.04(1)(a)1., Fla. Stat. (2021). “Premeditation is

Easterling v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70259663

Published

evidence of premeditation was lacking. Compare § 782.04(1)(a)1., Fla. Stat. (2022) (requiring “premeditated

Winchester v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69997637

Published

murder in the second degree in violation of section 782.04(2), Florida Statutes (2018), and resulting

Yinger v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69997631

Published

death of the person killed or any human being.” § 782.04(1)(a)1., Fla. Stat. (2022). Premeditation is an

Steven Shaw v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929810

Published

GOODEN, JJ. PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (1982) (providing that second-

McInnis v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69705884

Published

design to effect the death of the person killed[.]” § 782.04(1)(a)1., Fla. Stat. (2020). “Premeditation is

Katherine Farris v. State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834284

Published

effect the death of any particular individual[.]” § 782.04(2), Fla. Stat. (2022). “A defendant’s conduct

Brandon Dawson v. State of Florida

District Court of Appeal of Florida | Filed: Mar 21, 2025 | Docket: 69766590

Published

in s. 775.082 . . . .” (emphasis added)); id. § 782.04(1)(a) (classifying first-degree murder as a capital

McInnis v. State of Florida

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705884

Published

design to effect the death of the person killed[.]” § 782.04(1)(a)1., Fla. Stat. (2020). “Premeditation is

Clark v. State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632926

Published

death of the person killed or any human being.” § 782.04(1)(a)1., Fla. Stat. The elements of first-degree

Benny Boyd Mooney v. State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69477345

Published

beyond mere preparation. § 777.04, Fla. Stat.; § 782.04(2), Fla. Stat.; see also Fla. Std. Jury Instr

Benny Boyd Mooney v. State of Florida

District Court of Appeal of Florida | Filed: Dec 18, 2024 | Docket: 69477345

Published

beyond mere preparation. § 777.04, Fla. Stat.; § 782.04(2), Fla. Stat.; see also Fla. Std. Jury Instr

Gould v. State of Florida

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419338

Published

degrees of murder. They arise from the same statute, § 782.04, that criminalizes the same conduct, the unlawful

Eduardo Acosta v. the State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347464

Published

effect the death of any particular individual.” § 782.04(2), Fla. Stat. (2024). The Florida Supreme Court

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

23 degree murder is codified in section 782.04, Florida Statutes. Compare with Valdes v.

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Sep 19, 2024 | Docket: 68934023

Published

Johnson, and (3) Ricky’s death was premeditated. § 782.04(1)(a)1., Fla. Stat. (2018). The defense stipulated

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Jul 11, 2024 | Docket: 68934023

Published

Johnson, and (3) Ricky’s death was premeditated. § 782.04(1)(a)1., Fla. Stat. (2018). The defense stipulated

United States v. Gretchen Buselli

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2024 | Docket: 68305355

Published

Argued: Mar 6, 2024

person killed or any human being.” See Fla. Stat. § 782.04(1)(a)(1). Buselli argued that the

The Justice Administrative Commission v. Khurrum Wahid, Esq.

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68192525

Published

showing of good cause. § 782.04(1)(b), Fla. Stat. The state did not file a notice

Goidia Porter v. State of Florida

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68148823

Published

convict for second-degree murder. See Fla. Stat. § 782.04(2) (2019) (defining second degree murder as “[t]he

Volvick Vassor v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313531

Published

for appellee. PER CURIAM. Affirmed. See § 782.04(1)(b), Fla. Stat. (2011); § 775.082, Fla. Stat

BRENDAN SIGISMONDI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352

Published

Sigismondi with second-degree murder, under section 782.04(2), Florida Statutes, for killing Thomas Blow

ROBERT JACOBY TURNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053965

Published

imprisonment for a term of years not exceeding life.” § 782.04(2), Fla. Stat. (2016). “Upon proof from the state

JASON LAMAR GILBERT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718528

Published

appellant was convicted of felony murder under section 782.04(1)(a)2., Florida Statutes (2020), despite the

Reynaldo Figueroa-Sanabria v. State of Florida

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538862

Published

Germana Morin to death on their houseboat. See § 782.04(1)(a), Fla. Stat. (2013). At the end of the penalty

EMILIO NOGUEZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 28, 2023 | Docket: 67485785

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 782.04(1), Fla. Stat. (2001); § 777.04(4)(b), Fla. Stat

THEODORE OBERMEYER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 63405104

Published

with second-degree felony murder, pursuant to section 782.04(3), Florida Statutes (2009). The charge arose

VICTOR CARABALLO v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068608

Published

GORDO, JJ. PER CURIAM. Affirmed. See § 782.04(1)(a), Fla. Stat. (2002) (“[M]urder in the first

UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

District Court of Appeal of Florida | Filed: Feb 24, 2023 | Docket: 66863863

Published

protection of Florida’s homicide statute [section 782.04(2), Florida Statutes].” Wyche v. State, 232

THEODORE OBERMEYER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795950

Published

with second-degree felony murder, pursuant to section 782.04(3), Florida Statutes (2009). He was charged

Demetrius Carey v. Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2023 | Docket: 66734684

Published

penalty of life imprisonment. FLA. STAT. § 782.04(2). But if the jury had determined that the firearm

Mark D. Sievers v. State of Florida

Supreme Court of Florida | Filed: Nov 17, 2022 | Docket: 65761625

Published

her death, and that her death was premeditated. § 782.04(1)(a), Fla. Stat. (2019). Because Sievers was

STATE OF FLORIDA v. JAMELL DEMONS

District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742500

Published

to seek the death penalty in accordance with section 782.04(1)(b), Florida Statutes (2018), and Florida

DEANDREW T. SCOTT vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 63591322

Published

Second-degree murder is a first-degree felony. § 782.04(2), Fla. Stat. (2014). The offense of criminal

GUILLERMO FUENTES v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588637

Published

Criminal Procedure 3.181 and amendment of section 782.04(1)(b), Florida Statutes, “no statute or rule

MAYKEL BEIRO v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404737

Published

HENDON, JJ. PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (2008) (providing: “The unlawful

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

for an offender convicted of murder, under section 782.04, Florida Statutes, committed before the age

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

for an offender convicted of murder, under section 782.04, Florida Statutes, committed before the age

STATE OF FLORIDA v. ANTHONY LEVERN WAITERS

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370801

Published

891, 898 (Fla. 2002))). For instance, section 782.04(1)(a)3, Florida Statutes (2020), classifies

DANIEL DELEON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64865074

Published

term of years not exceeding life imprisonment”); § 782.04(2), Fla. Stat. (2005) (emphasis added) (stating

ANTHONY SAMPSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435978

Published

revised sentencing guidelines instead of 2 See § 782.04(2), Fla. Stat. (1997) (classifying second-degree

JORGE FABIAN FELICIANO RAMOS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556643

Published

second degree murder is a second-degree felony. § 782.04(2), Fla. Stat.; § 777.04(4)(c), Fla. Stat. (2016)

ROBERTO ISAAC v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108520

Published

principal to the victim’s second degree murder. See § 782.04(2), Fla. Stat. (2011) (defining second degree

Norman Blake McKenzie v. State of Florida

Supreme Court of Florida | Filed: Feb 10, 2022 | Docket: 62989166

Published

court based its ruling on the grounds that section 782.04(1)(b), Florida Statutes (2016), and rule 3

BRYAN CARLOS RODRIGUEZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574110

Published

consistent with that crime’s elements as defined section 782.04(2) of the Florida Statutes (2013), we review

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695048

Published

statute to sentence defendant to life in prison. See § 782.04(1)(a), Fla. Stat. (2012) (providing premeditated

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627047

Published

statute to sentence defendant to life in prison. See § 782.04(1)(a), Fla. Stat. (2012) (providing premeditated

JOSHUA SINGLETARY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 24, 2021 | Docket: 60451688

Published

Singletary, pro se. PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (2003); Burttram v. State, 846

Stanley Tyron Harris v. State of Florida

District Court of Appeal of Florida | Filed: Sep 22, 2021 | Docket: 60414524

Published

defendant actually cause the death of a victim. See § 782.04(3)(o), Fla. Stat. (2018) (providing that it is

Michael Shane Bargo v. State of Florida

Supreme Court of Florida | Filed: Jun 24, 2021 | Docket: 60009913

Published

raises five issues: (1) the 2016 amendment to section 782.04(1)(b), Florida Statutes, retroactively precluded

NOUMAN KHAN RAJA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860106

Published

count of attempted first- degree murder under section 782.04(1)(a)(1), Florida Statutes (2016). The charging

GIVANNI TORRELL PARKS v. State

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739249

Published

for second-degree murder, in violation of section 782.04(2), Florida Statutes, burglary with assault

Robert Craft v. State of Florida

Supreme Court of Florida | Filed: Feb 25, 2021 | Docket: 59682244

Published

within Columbia County, contrary to Florida Statute 782.04[(1)]. Thereafter, the trial court accepted

ELISHA BAXTER v. State

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295943

Published

depraved mind regardless of human life . . .” § 782.04(2), Fla. Stat. (2019). Baxter argues that the

CHRISTOPHER LAMAR SOLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030607

Published

imprisonment for a term of years not exceeding life.” § 782.04(2), Fla. Stat. (2018). Second-degree murder is

ELISHA BAXTER v. State

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030494

Published

depraved mind regardless of human life . . .” § 782.04(2), Fla. Stat. (2019). Baxter argues that the

RENE S. RAMOS v. State

District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18748371

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (1982) (providing: “The unlawful

Robert Craft v. State of Florida

Supreme Court of Florida | Filed: Nov 19, 2020 | Docket: 18647261

Published

within Columbia County, contrary to Florida Statute 782.04[(1)]. Thereafter, the trial court accepted

JOSE LUIS COSMESELLA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 1, 2020 | Docket: 17314109

Published

with a weapon under section 782.04(2), Florida Statutes (2016), not section 782.04(1)(a)1. and 2. as indicated

ROGYNE O'NEAL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 17, 2020 | Docket: 17256298

Published

Florida Statute 790.001(6), contrary to Florida Statute 782.04(1)(a)1 and 2, 775.087(1),(2), and

CHRISTOPHER TAVARIS DEAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052274

Published

punishable by a term of years not exceeding life, § 782.04(3), Fla. Stat. (2004), and burglary (as committed

DAVID HARRIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738443

Published

So. 2d 810, 813 (Fla. 4th DCA 2007); see also § 782.04(1)(a)1, Fla. Stat. (2015). “Premeditation can

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-02

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761658

Published

MURDER — FIRST DEGREE § 782.04(1)(a), Fla. Stat. In the absence of an

TERRENCE BARNETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432691

Published

enforcement officer, a felony not enumerated in section 782.04, arising out of the same criminal act as his

United States v. Daniel Ochoa

Court of Appeals for the Eleventh Circuit | Filed: Oct 25, 2019 | Docket: 16385392

Published

second-degree murder, pursuant to Florida Statute § 782.04(2), is categorically a violent felony under the

Tonisha Lache Crowell v. State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211727

Published

someone while committing one of the crimes listed in § 782.04(1)(a)2., Florida Statutes (2013). Among these

Kameron Holmes v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16104177

Published

any premeditated design to effect the death.” § 782.04(2), Fla. Stat. (2016). The primary distinction

GEORGE O. SHRADER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16102674

Published

perpetrate" the underlying qualifying felony. § 782.04(1)(a)(2), Fla. Stat. (1985); Dean v. State, 230

GEORGE O. SHRADER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16102674

Published

perpetrate" the underlying qualifying felony. § 782.04(1)(a)(2), Fla. Stat. (1985); Dean v. State, 230

Terrence Jamar Graham v. State of Florida

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055039

Published

between juveniles who commit offenses under section 782.04, Florida Statutes (the murder statute), and

TERRENCE BARNETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055458

Published

enforcement officer, a felony not enumerated in section 782.04, arising out of the same criminal act as his

Jeffrey Alan Mackey v. State of Florida

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055044

Published

evincing a depraved mind regardless of human life[.]” § 782.04(2), Fla. Stat. (2017). A depraved mind regardless

Andrew M. Gomez v. State of Florida

District Court of Appeal of Florida | Filed: Jul 22, 2019 | Docket: 15947711

Published

(quoting Monroe, 318 So. 2d at 573)). Section 782.04(2), Florida Statutes (2009), defines second-

Andrew M. Gomez v. State of Florida

District Court of Appeal of Florida | Filed: Jul 22, 2019 | Docket: 15947711

Published

(quoting Monroe, 318 So. 2d at 573)). Section 782.04(2), Florida Statutes (2009), defines second-

MICHEL CHERFRERE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928481

Published

being operated by [the wife], contrary to F.S. 782.04(1)(a) and F.S. 777.04(1) and F.S. 775.087(1)

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835847

Published

guilty of first-degree premeditated murder. See § 782.04(1)(a)(1), Fla. Stat. (2007). Therefore, the finding

Rickey Thompson v. United States

Court of Appeals for the Eleventh Circuit | Filed: May 17, 2019 | Docket: 15638158

Published

1328 (alterations in original); see Fla. Stat. § 782.04(2). “The only meaningful difference between first-

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775754

Published

guilty of first-degree premeditated murder. See § 782.04(1)(a)(1), Fla. Stat. (2007). Therefore, the finding

Harochio Varnadore v. State of Florida

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 8494330

Published

16, 2018) (holding that 2016 amendment to section 782.04(1), Florida Statutes, does not apply when the

Kevin Don Foster v. State of Florida – Corrected Opinion

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402536

Published

first-degree murder that is delineated in section 782.04, Florida Statutes (2018).

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-08.

259 So. 3d 754

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402543

Published

APPENDIX 7.3 FELONY MURDER - FIRST DEGREE § 782.04(1)(a), Fla. Stat. In the absence of an

Deshawn Hurst v. State of Florida

257 So. 3d 1202

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140339

Published

(3)(a)5.a., a person who is convicted under section 782.04 and sentenced to a term of imprisonment of

Raymond v. State

257 So. 3d 624

District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64691027

Published

human life." Fla. Std. Jury Instr. (Crim.) 6.4; § 782.04(2), Fla. Stat. (2017). An act is imminently dangerous

Michael Renard Jackson v. State of Florida

256 So. 3d 975

District Court of Appeal of Florida | Filed: Oct 16, 2018 | Docket: 8035046

Published

Petitioner asserts that the State violated section 782.04, Fla. Stat. (2016) (pertaining to the State’s

Denise Williams v. State of Florida

266 So. 3d 1197

District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905931

Published

which are punishable by life imprisonment. See § 782.04(1), Fla. Stat. Article I, section 14, of the Florida

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7410519

Published

that he pleaded no contest1 to a violation of section 782.04(3), Florida Statutes (2002), murder in the

DAVID ELKIN v. STATE OF FLORIDA

249 So. 3d 1316

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7371870

Published

that he pleaded no contest1 to a violation of section 782.04(3), Florida Statutes (2002), murder in the

Armas v. State

250 So. 3d 817

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 64684275

Published

statute identifies three degrees of murder, see id. § 782.04, and the arson statute has two separate degrees

Reidel E. Armas v. State

District Court of Appeal of Florida | Filed: Jun 25, 2018 | Docket: 7371122

Published

statute identifies three degrees of murder, see id. § 782.04, and the arson statute has two separate degrees

Antonio Devon Williams v. State of Florida

244 So. 3d 1200

District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 7096606

Published

individual.’” Perez, 187 So. 3d at 1281-82 (quoting § 782.04(2), Fla. Stat.) “The depraved-mind element of

STATE OF FLORIDA v. TASHANE M. CHANTILOUPE

248 So. 3d 1191

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061984

Published

State acknowledges that pursuant to Fla. Stat. § 782.04(1)(b) and Fla. R. of Crim. Pro. 3.181, the

Graves v. State

248 So. 3d 1238

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061976

Published

history of section 775.0823. First, section 782.04(2), Florida Statutes (2007),5 defines second

Feimster v. State

239 So. 3d 1264

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64675448

Published

PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (1982) (providing that second-degree murder is a first-degree

Feimster v. State

239 So. 3d 1264

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64675448

Published

PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (1982) (providing that second-degree murder is a first-degree

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318516

Published

conviction was for second-degree murder under section 782.04(3), and rule 3.802(b)(2) applies to sentences

Newbhard v. State

237 So. 3d 1075

District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244876

Published

counts. 2 Robbery is an enumerated felony. See § 782.04(3)(d), Fla. Stat. (2012).

Brown v. State

235 So. 3d 971

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219433

Published

800(b)(2)(B). Because Brown was convicted under section 782.04(2), Florida Statutes (2013), of an offense

Virginia Denise Wyche v. State of Florida

District Court of Appeal of Florida | Filed: Nov 5, 2017 | Docket: 6217558

Published

the meaning of Florida’s homicide statute, section 782.04(2), Florida Statutes (2013). We reject Appellant’s

PALM BEACH COUNTY SHERIFF'S OFFICE and RIC L. BRADSHAW v. SUN-SENTINEL COMPANY, LLC

226 So. 3d 969, 45 Media L. Rep. (BNA) 2237, 2017 WL 3888807, 2017 Fla. App. LEXIS 12924

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148163

Published

Damoorgian, JJ., concur. 1 . Section 782.04 is the homicide statute. 2

PALM BEACH COUNTY SHERIFF'S OFFICE and RIC L. BRADSHAW v. SUN-SENTINEL COMPANY, LLC

226 So. 3d 969, 45 Media L. Rep. (BNA) 2237, 2017 WL 3888807, 2017 Fla. App. LEXIS 12924

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148163

Published

Damoorgian, JJ., concur. 1 . Section 782.04 is the homicide statute. 2

Clark v. State

230 So. 3d 499

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145449

Published

charged in count one is a second-degree felony. See § 782.04(2), Fla. Stat. (Supp. 1996); § 777.04(4), Fla

& SC16-399 Matthew Lee Caylor v. State of Florida and Matthew Lee Caylor v. Julie L. Jones, etc.

218 So. 3d 416

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063850

Published

and felony murder theories of the offense), see § 782.04(1)(a) 1.-2., Fla. Stat. (2008), sexual battery

Castillo v. State

217 So. 3d 1110, 2017 WL 1492938, 2017 Fla. App. LEXIS 5748

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784767

Published

Luis Rodriguez (“Rodriguez”) in violation of section 782.04(2), Florida Statutes (2015). The information

Terence Tobias Oliver v. State of Florida

214 So. 3d 606, 42 Fla. L. Weekly Supp. 424, 2017 Fla. LEXIS 750

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669810

Published

counts of first-degree murder, in violation of section 782.04(1)(a), Florida Statutes (2009); one count of

Gangapersad Ramroop v. State of Florida

214 So. 3d 657, 42 Fla. L. Weekly Supp. 381, 2017 WL 1177635, 2017 Fla. LEXIS 691

Supreme Court of Florida | Filed: Mar 30, 2017 | Docket: 4658700

Published

attempt[ ] to murder [Brillant]” in violation of section 782.04(1)(a)(2). Ramroop was separately charged by

& SC13-2112 Corey Smith v. State of Florida and Corey Smith v. Julie L. Jones, etc.

213 So. 3d 722

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618313

Published

15. First-degree murder is a capital felony. § 782.04(1)(a), Fla. Stat. (1995). “A prosecution for a

Wardlow v. State

212 So. 3d 1091, 2017 WL 945528, 2017 Fla. App. LEXIS 3231

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4616396

Published

“a depraved mind regardless of human life.” See § 782.04(2), Fla. Stat. (2006). Thus, consistent with Page

Rasheem Diquoine Dubose v. State of Florida

210 So. 3d 641, 42 Fla. L. Weekly Supp. 143, 2017 WL 526506, 2017 Fla. LEXIS 286

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582772

Published

conviction for first-degree felony murder. See § 782.04(l)(a)2.e., Fla. Stat. (2006). As discussed below

Thomas Daugherty v. State of Florida

211 So. 3d 29, 42 Fla. L. Weekly Supp. 1, 2017 Fla. LEXIS 106

Supreme Court of Florida | Filed: Jan 19, 2017 | Docket: 4570207

Published

any felony other than those enumerated in section 782.04, Florida Statutes. Aggravated battery is not

Guzman v. State

211 So. 3d 204, 2016 Fla. App. LEXIS 18675

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555834

Published

attempted perpetration, of a felony enumerated in section 782.04(1). 5 . The defendant is not

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Dec 15, 2016 | Docket: 4553213

Published

Florida.1 Chapter 2016-13, section 2, amended section 782.04, Florida Statutes (2015), to provide notice

Richard P. Franklin v. State of Florida

209 So. 3d 1241, 41 Fla. L. Weekly Supp. 573, 2016 Fla. LEXIS 2564

Supreme Court of Florida | Filed: Nov 23, 2016 | Docket: 4544120

Published

elements of first-degree premeditated murder); § 782.04(1)(a) 1., Fla. Stat. (2012). According to

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

200 So. 3d 758, 41 Fla. L. Weekly Supp. 381, 2016 Fla. LEXIS 2036, 2016 WL 4916758

Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422157

Published

1 Chapter 2016-13, section 2, amended section 782.04, Florida Statutes (2015), to provide notice

2D13-2712 / Shrader v. State

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4422990

Published

of the victim with a weapon, a violation of section 782.04(1)(a), Florida Statutes (1985); one count of

State v. Jones

209 So. 3d 6

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118413

Published

775.082(1) (emphasis added); see also § 782.04(1)(b) (“In all cases under this section, the procedure

Patterson v. State

197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114277

Published

sentence of life imprisonment. See § 782.04(2), Fla. Stat. (1997). But it is only under the

Christopher T. Dean v. State of Florida

199 So. 3d 932, 2016 WL 2894121, 2016 Fla. App. LEXIS 7653

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071422

Published

second-degree felony murder in violation of section 782.04(3)(e), Florida Statutes (2014), which states:

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

degree murder is a capital felony pursuant to section 782.04(1)(a), and that section 913.10 mandates a 12-person

Julius Franklin Rocker v. State of Florida

187 So. 3d 910, 2016 Fla. App. LEXIS 3608, 2016 WL 899563

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042770

Published

second-degree murder is a second degree felony. § 782.04(2), Fla. Stat. (2003); § 777.04(4)(c), Fla. Stat

Jamison v. State

186 So. 3d 37, 2016 Fla. App. LEXIS 2170, 2016 WL 618886

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036702

Published

punishable by life imprisonment. See. § 782.04(2), Fla. Stat. (2009). The State filed a notice

Joseph Edward Jordan v. State of Florida Corrected Opinion

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008262

Published

felony murder. Felony murder is defined in section 782.04(1)(a)2.d., Florida Statutes (2008), which

Brown v. State

176 So. 3d 1013, 2015 Fla. App. LEXIS 15326, 2015 WL 6023723

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60250742

Published

order contains a scrivener’s error in citing to section 782.04(1)(A)(1), Florida Statutes (2013), in the “Special

Williams v. State

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2991031

Published

charged in count 2 is a felony enumerated in section 782.04(3), and the later act of shooting the victim

Lewis v. State

177 So. 3d 64, 2015 Fla. App. LEXIS 15034, 2015 WL 5916851

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 2866466

Published

actually possessed a firearm, .contrary to Florida Statute 782.04(2); 777.04; 775.087(2)(a)(l). A jury

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816845

Published

or in the attempt to perpetrate” a robbery. § 782.04(1)(a)(2)(d), Fla. Stat. (2002). A defendant is

Calvin Weatherspoon v. State of Florida

191 So. 3d 481, 2015 Fla. App. LEXIS 12462, 2015 WL 4934754

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685316

Published

(Fla.1995), TO BE A NONEXISTENT CRIME UNDER SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY

Wyche v. State

170 So. 3d 898, 2015 Fla. App. LEXIS 11042, 2015 WL 4464474

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679141

Published

effect the death of any particular individual.... § 782.04(2), Fla. Stat. (2010). An act or series of acts

Plasencia v. State

170 So. 3d 865, 2015 Fla. App. LEXIS 10839, 2015 WL 4379729

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 2679095

Published

first-degree felony punishable by life. See § 782.04(2), Fla. Stat. (1995). The date of the offense

Calvin Weatherspoon v. State of Florida

194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679247

Published

felony mur*346der within the same subsection. See § 782.04(l)(a)l-2., Fla. Stat. (2008). The .logic of Sloan

Michael W. Levine v. State of Florida

162 So. 3d 106, 2014 Fla. App. LEXIS 16808, 2014 WL 5149098

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447659

Published

second-degree murder is a second degree felony. § 782.04(2), Fla. Stat. (2003); § 777.04(4)(c), Fla. Stat

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171079

Published

Appendix 7.3 FELONYMURDER-FIRST DEGREE § 782.04(l)(a), Fla. Stat. To prove the crime of First

John Henry v. State

145 So. 3d 924, 2014 WL 4083405, 2014 Fla. App. LEXIS 12807, 39 Fla. L. Weekly Fed. D 1759

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119874

Published

element of the charged offense. See § 782.04(2), Fla. Stat. (2006); Fla. Std. Jury Instr. (Crim

Margaret A. Allen v. State of Florida

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174

Published

- 20 - kidnapping . . . ” § 782.04(1)(a)2.f., Fla. Stat. (2005). Section 787.01(1)(a)

Genovese v. State

136 So. 3d 1229, 2014 WL 1401387, 2014 Fla. App. LEXIS 5348

District Court of Appeal of Florida | Filed: Apr 11, 2014 | Docket: 60239939

Published

First-degree murder is a capital offense. See § 782.04, Fla. Stat. (2000). His information did not reference

Davis v. State

135 So. 3d 1129, 2014 WL 1319701, 2014 Fla. App. LEXIS 4766

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60239419

Published

PER CURIAM. Affirmed. See § 782.04(2), Fla. Stat. (2006); Betancourt v. State, 804 So.2d 313 (Fla.2001);

Terry Smith v. State of Florida

139 So. 3d 839, 39 Fla. L. Weekly Supp. 31, 2014 WL 172534, 2014 Fla. LEXIS 137

Supreme Court of Florida | Filed: Jan 16, 2014 | Docket: 694179

Published

engaged “in the attempt to perpetrate” robbery. § 782.04(1)(a)2.d., Fla. Stat. (2012). “In order to prove

Seymour v. State

132 So. 3d 300, 2014 Fla. App. LEXIS 392, 2014 WL 169787

District Court of Appeal of Florida | Filed: Jan 14, 2014 | Docket: 60238414

Published

effect the death of any particular individual.” § 782.04, Fla. Stat. (2006). An act is imminently dangerous

Touze v. State

129 So. 3d 466, 2014 WL 25581, 2014 Fla. App. LEXIS 58, 39 Fla. L. Weekly Fed. D 70

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237409

Published

a first-degree felony, punishable by life. See § 782.04(2), Fla. Stat. (2010). In addition, Touze’s written

Estevez v. State

127 So. 3d 635, 2013 WL 6083410, 2013 Fla. App. LEXIS 18407

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236790

Published

perpetration of enumerated crimes, including robbery. See § 782.04(l)(a)2„ Fla. Stat. (2007). Crucially, a defendant

Reno v. State

121 So. 3d 1174, 2013 WL 5309811, 2013 Fla. App. LEXIS 15065

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234364

Published

the “depraved mind” element of that offense. See § 782.04(2), Fla. Stat. (2011) (defining second-degree

Smith v. State

113 So. 3d 1058, 2013 WL 2421069, 2013 Fla. App. LEXIS 8934

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231406

Published

Florida, first degree murder is a capital felony. § 782.04(1), Fla. Stat. The sentence mandated -by statute

Smart v. State

114 So. 3d 1048, 2013 WL 2395077, 2013 Fla. App. LEXIS 8765

District Court of Appeal of Florida | Filed: Jun 3, 2013 | Docket: 60231721

Published

approve the consecutive sentencing scheme. Section 782.04(2) proscribes second-degree murder, and classifies

Garcia v. State

114 So. 3d 424, 2013 WL 2360919, 2013 Fla. App. LEXIS 8578

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231924

Published

Second-degree felony murder is defined by section 782.04(3), Florida Statutes (2008), which provides

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 2903632

Published

premeditated murder in violation of Fla. Stat. § 782.04.5 Section 782.04 of the Florida statutes 5

State v. Akers

104 So. 3d 1259, 2013 WL 85453, 2013 Fla. App. LEXIS 319

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60227388

Published

N.] did die on May 07, 2006 contrary to Florida Statute 782.04(1), and against the peace and dignity of

Phillips v. State

100 So. 3d 249, 2012 Fla. App. LEXIS 19288, 2012 WL 5414366

District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60225742

Published

underlying felony to support felony murder. See § 782.04(l)(a)2.-3., Fla. Stat. (1997) (listing as underlying

Johnny Shane Kormondy v. Secretary, FLorida Department of Corrections

688 F.3d 1244, 2012 WL 3082491, 2012 U.S. App. LEXIS 15832

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2012 | Docket: 404352

Published

in the first degree in violation of Fla. Stat. § 782.04. 4 . Counts 2, 3, and 4 charged

Black v. State

95 So. 3d 884, 2012 Fla. App. LEXIS 3839, 2012 WL 751969

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 60311328

Published

evidence exists to sustain a conviction.” Id. Section 782.04(2), Florida Statutes (2007), defines second-degree

Roger Allen Rozzelle v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 2012 | Docket: 2905111

Published

Statutes § 782.04(2). This appeal centers around the “depraved mind” mens rea in § 782.04(2), which

Haynes v. State

73 So. 3d 793, 2011 Fla. App. LEXIS 15168, 2011 WL 4406314

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 60303481

Published

effectively, a nonexistent crime” because section 782.04(4), Florida Statutes, expressly excludes robbery

Rosa v. State

58 So. 3d 900, 2011 Fla. App. LEXIS 2686, 2011 WL 711059

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299541

Published

premeditation theory or under a felony murder theory. See § 782.04, Fla. Stat. (2007). In this case, Rosa was charged

State v. Malone

50 So. 3d 60, 2010 Fla. App. LEXIS 18626, 2010 WL 4967978

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297323

Published

First-degree murder is a capital felony under section 782.04(l)(a)(l), and therefore attempted first-degree

Lim v. State

50 So. 3d 34, 2010 Fla. App. LEXIS 17639, 2010 WL 4628986

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60297301

Published

underlying felony in a felony murder charge. See § 782.04(l)(a)2.h., Fla. Stat. (2006). This is true regardless

Sturdivant v. State

84 So. 3d 1044, 2010 WL 3464410, 2010 Fla. App. LEXIS 13314

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 60306575

Published

degree and constitutes a capital felony ....” § 782.04(l)(a)2.h„ Fla. Stat. (2007) (emphasis added).

Solano v. State

35 So. 3d 930, 2010 Fla. App. LEXIS 4507, 2010 WL 1329575

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1144210

Published

what the jury must find was a “depraved mind.” § 782.04(2), Fla. Stat. (2007). See Javier Dejesus Ventura

Baines v. State

25 So. 3d 1277, 2010 Fla. App. LEXIS 532, 2010 WL 289123

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 60287507

Published

The standard jury instruction derives from section 782.04, Florida Statutes (2005), which provides, in

State v. McCartney

1 So. 3d 326, 2009 Fla. App. LEXIS 329, 2009 WL 129607

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653932

Published

argued that it is a "synthetic of opium" under section 782.04(1)(a)3. The trial court conducted an evidentiary

Eford v. State

993 So. 2d 1170, 2008 Fla. App. LEXIS 17249, 2008 WL 4820489

District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 64856347

Published

convicted of first degree drug distribution murder. § 782.04(1)(a)(3), Fla. Stat. (1999). Pena gave the victim

Ago

Florida Attorney General Reports | Filed: Oct 21, 2008 | Docket: 3258037

Published

Section 775.30, relating to terrorism. 5. Section 782.04, relating to murder. 6. Section 787.01, relating

Denis v. State

994 So. 2d 1152, 2008 WL 2744237

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1666692

Published

Fla. Stat. (2004) (defining criminal attempt); § 782.04(1)(a)1., Fla. Stat. (2004) (detailing elements

Moore v. State

983 So. 2d 691, 2008 Fla. App. LEXIS 8303, 2008 WL 2276294

District Court of Appeal of Florida | Filed: Jun 5, 2008 | Docket: 64854971

Published

felony of the second degree and is defined in section 782.04(4), Florida Statutes (2004), as “[t]he unlawful

Aguilera v. State

975 So. 2d 1270, 2008 WL 649454

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1727095

Published

contact with the victim's head when it fired. [4] § 782.04(2), Fla. Stat. (2005). [5] This views the conflicting

White v. State

974 So. 2d 1184, 2008 WL 462975

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1717823

Published

AFFIRMED. MONACO and EVANDER, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (2005).

Gallo v. Lamberti

972 So. 2d 305, 2008 WL 183563

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1159613

Published

the death of any particular individual. . . ." § 782.04(2), Fla. Stat. The state's evidence showed the

Moore v. State

994 So. 2d 1127, 2008 WL 34791

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1666520

Published

a depraved mind regardless of human life," see § 782.04(2), Fla. Stat. (2005), by showing "ill will, hatred

Brown v. State

966 So. 2d 989, 2007 Fla. App. LEXIS 14703, 2007 WL 2735686

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 64852726

Published

evincing a depraved mind regardless of human life.” § 782.04(2), Fla. Stat. (2004); see also State v. Bryan

Carter v. State

939 So. 2d 1170, 2006 Fla. App. LEXIS 17837, 2006 WL 3018057

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847370

Published

felony murder with a firearm in violation of section 782.04(3). Following two successful prior rule 3.800(a)

Kerr v. State

937 So. 2d 1246, 2006 Fla. App. LEXIS 16407, 2006 WL 2741621

District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 64846896

Published

enforcement officer) is a first degree felony. § 782.04(l)(a), Fla. Stat. (2003). The offense for which

Coppola v. State

938 So. 2d 507, 31 Fla. L. Weekly Supp. 394, 2006 Fla. LEXIS 1346

Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 64847042

Published

a sentence of death or life imprisonment. See § 782.04(l)(b), Fla. Stat. (1997). Seeking to avoid the

Galloway v. State

931 So. 2d 136, 2006 Fla. App. LEXIS 5747, 2006 WL 1040820

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 64845373

Published

premeditated design," it charges that he violated section 782.04(l)(a), which charges first degree, premeditated

Peacock v. State

927 So. 2d 65, 2006 Fla. App. LEXIS 4858, 2006 WL 859166

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64844194

Published

1997, to first-degree murder, a capital felony. § 782.04(l)(a), Fla. Stat. (Supp.1996). Therefore, the

Peacock v. State

927 So. 2d 65, 2006 Fla. App. LEXIS 4858, 2006 WL 859166

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64844194

Published

1997, to first-degree murder, a capital felony. § 782.04(l)(a), Fla. Stat. (Supp.1996). Therefore, the

Dross v. State

915 So. 2d 203, 2005 WL 2673753

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 1690609

Published

the robbery sentence must be vacated. Under Section 782.04(1)(a), Florida Statutes (1975), McCloud was

Moore v. State

902 So. 2d 239, 2005 Fla. App. LEXIS 7223, 2005 WL 1162968

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838406

Published

State, 868 So.2d 1234 (Fla. 1st DCA 2004). Section 782.04(l)(a) of the Florida Statutes (1979), states

Giblin v. State

882 So. 2d 1109, 2004 Fla. App. LEXIS 14096, 2004 WL 2112765

District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 64832883

Published

REMANDED. PETERSON and THOMPSON, JJ., concur. . § 782.04(1), Fla. Stat. . § 810.02(2)(a), Fla. Stat.

Torres v. State

879 So. 2d 1254, 2004 Fla. App. LEXIS 9188, 2004 WL 1460706

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 64832190

Published

degree felony punishable by life imprisonment, see § 782.04(2), Fla. Stat. (1997), to a life felony on account

Cousin v. State

859 So. 2d 577, 2003 Fla. App. LEXIS 17719, 2003 WL 22734827

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826493

Published

Fla. Stat. . § 784.021(l)(a), Fla. Stat. . § 782.04(l(a)(2), Fla. Stat. . § 810.02(2)(a), Fla. Stat

Cousin v. State

859 So. 2d 577, 2003 Fla. App. LEXIS 17719, 2003 WL 22734827

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826493

Published

Fla. Stat. . § 784.021(l)(a), Fla. Stat. . § 782.04(l(a)(2), Fla. Stat. . § 810.02(2)(a), Fla. Stat

Henry v. State

857 So. 2d 344, 2003 Fla. App. LEXIS 15800, 2003 WL 22398607

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64825893

Published

of a weapon as an element of the offense. See § 782.04(2) (defining second-degree murder); § 777.04 (defining

Burttram v. State

846 So. 2d 1201, 2003 Fla. App. LEXIS 8295, 2003 WL 21275999

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823282

Published

second-degree felony as indicated on the judgment. See § 782.04(2), Fla. Stat. (Supp. 1998). We direct the trial

Sutton v. State

841 So. 2d 591, 2003 Fla. App. LEXIS 4958, 2003 WL 1939239

District Court of Appeal of Florida | Filed: Apr 1, 2003 | Docket: 64821761

Published

PER CURIAM. AFFIRMED. Nee § 782.04(2), Fla. Stat. (1993); Perry v. State, 705 So.2d 615 (Fla. 5th DCA

Vargas v. State

845 So. 2d 220, 2003 Fla. App. LEXIS 4125, 2003 WL 1568266

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 64822821

Published

committed second-degree, “depraved mind,” murder. § 782.04(2), Fla. Stat. (1999). We find no merit to his

Thanonglit v. State

838 So. 2d 1261, 2003 Fla. App. LEXIS 3371, 2003 WL 1092829

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 64821058

Published

convicted of attempted murder in the first degree. § 782.04(1), Fla. Stat. (2000). When imposing sentence

Williams v. State

836 So. 2d 1101, 2003 Fla. App. LEXIS 1258, 2003 WL 255408

District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 64820645

Published

Senior Judge, concur. . First degree murder (section 782.04(l)(a), Florida Statutes), armed burglary (section

Adams v. State

831 So. 2d 821, 2002 Fla. App. LEXIS 18134, 2002 WL 31757597

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 64819272

Published

degree felony punishable by life imprisonment. § 782.04(2), Fla. Stat. (1995). Adjudication as an HVFO

Hammett v. State

827 So. 2d 406, 2002 Fla. App. LEXIS 14612, 2002 WL 31269537

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 64817941

Published

AFFIRMED. PETERSON and PALMER, JJ„ concur. . § 782.04(2), Fla. Stat . § 794.01 l(4)(a), Fla. Stat

St. Nattis v. State

827 So. 2d 320, 2002 Fla. App. LEXIS 13216, 2002 WL 31039414

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 64817880

Published

court further consider the issue. Admittedly section 782.04, Florida Statutes, may establish first degree

Skanes v. State

821 So. 2d 1102, 2002 Fla. App. LEXIS 8142, 2002 WL 1232447

District Court of Appeal of Florida | Filed: Jun 7, 2002 | Docket: 64816505

Published

AFFIRMED. THOMPSON, C.J., and PLEUS, J., concur. . § 782.04(l)(a)l„ Fla. Stal. . See State v. Cutler, 785

Baker v. State

820 So. 2d 382, 2002 Fla. App. LEXIS 7661, 2002 WL 1729877

District Court of Appeal of Florida | Filed: May 28, 2002 | Docket: 64816218

Published

PER CURIAM. AFFIRMED. See Fla. Stat. § 782.04(2) (2001). COBB, PETERSON and PALMER, JJ., concur.

Williams v. State

814 So. 2d 527, 2002 Fla. App. LEXIS 5233, 2002 WL 662997

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 64814534

Published

PER CURIAM. Affirmed. See Fla. Stat. § 782.04(1); Fla. Stat. § 775.072(1).

Maddox v. State

813 So. 2d 138, 2002 Fla. App. LEXIS 2911, 2002 WL 360707

District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 64814115

Published

Jurisdiction DISMISSED. COBB and HARRIS, JJ., concur. . § 782.04(2), Fla. Stat. (2001) . § 787.01, Fla. Stat

Gaines v. State

802 So. 2d 1182, 2001 Fla. App. LEXIS 18261, 2001 WL 1647340

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 64811251

Published

re-sentencing to eliminate the provision of “hard labor.” § 782.04(3), Fla. Stat. (2000); § 775.082(3)(b), Fla. Stat

Dubalski v. State

801 So. 2d 1002, 2001 Fla. App. LEXIS 17844, 2001 WL 1614302

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 64810818

Published

firearm, a first-degree felony punishable by life. § 782.04(2), Fla. Stat. (1987). The trial court departed

Williams v. State

791 So. 2d 1159, 2001 Fla. App. LEXIS 9500, 2001 WL 769961

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 64807573

Published

scrivener’s error, since the judgment itself cited section 782.04(2), Florida Statutes (1987), which provides

Fain v. State

780 So. 2d 285, 2001 Fla. App. LEXIS 2918, 2001 WL 228027

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 64804344

Published

murder is a first-degree felony punishable by life. § 782.04(2), Fla. Stat. (1991). Therefore, on remand, the

United States v. Ucciferri

133 F. Supp. 2d 1330, 2001 U.S. Dist. LEXIS 2470, 2001 WL 227739

District Court, M.D. Florida | Filed: Feb 22, 2001 | Docket: 2137396

Published

with a deadly weapon, in violation of Fla.Stat. § 782.04(1)(a)(1) and Fla.Stat. § 777.04 (in place of Fla

Jones v. State

776 So. 2d 1117, 2001 Fla. App. LEXIS 1213, 2001 WL 108766

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64803419

Published

charging document. As pointed out by the state, section 782.04(1)(a), Florida Statutes (1999), which sets

Jones v. State

776 So. 2d 1117, 2001 Fla. App. LEXIS 1213, 2001 WL 108766

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64803419

Published

charging document. As pointed out by the state, section 782.04(1)(a), Florida Statutes (1999), which sets

Brown v. State

777 So. 2d 1083, 2001 Fla. App. LEXIS 251, 2001 WL 38102

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 64803609

Published

about the meaning of “depraved mind” as used in section 782.04(2), Florida Statutes (2000). However, the trial

Williams v. State

772 So. 2d 614, 2000 Fla. App. LEXIS 16151, 2000 WL 1819914

District Court of Appeal of Florida | Filed: Dec 12, 2000 | Docket: 64802095

Published

punishable by a term of years not exceeding life. See § 782.04(2), Fla. Stat. (1989). Appellant need not be present

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

-to an offense under F.S. Chapter 794, of 800, F.S. 782.04, 784.045, 810.02, 812.133, 812.135, or any other

Betancourt v. State

767 So. 2d 557, 2000 Fla. App. LEXIS 11038, 25 Fla. L. Weekly Fed. D 2057

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 64800475

Published

punishable by life: count 1, second degree murder, see § 782.04(2), Fla. Stat. (1989); count 2, armed robbery

Egberongbe v. State

765 So. 2d 108, 2000 Fla. App. LEXIS 6803, 2000 WL 718160

District Court of Appeal of Florida | Filed: Jun 6, 2000 | Docket: 64799671

Published

depraved mind without regard for human life. See § 782.04(2), Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim

Lewis v. State

780 So. 2d 125, 2000 Fla. App. LEXIS 5530

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64804308

Published

resentencing of the first-degree murder only. Section 782.04(1), Florida Statutes (1995), provides that

Lewis v. State

780 So. 2d 125, 2000 Fla. App. LEXIS 5530

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64804308

Published

resentencing of the first-degree murder only. Section 782.04(1), Florida Statutes (1995), provides that

Bell v. State

765 So. 2d 83, 2000 Fla. App. LEXIS 4812, 2000 WL 484780

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64799640

Published

and agreed to a 40 year sentence. Pursuant to section 782.04(2), Florida Statutes (1999), second degree

Braham v. State

766 So. 2d 297, 2000 Fla. App. LEXIS 1988, 2000 WL 232637

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64800128

Published

enumerated in section 782.04(3), only carjacking and robbery are relevant to this case. See § 782.04(3), Fla

Smith v. State

744 So. 2d 1248, 1999 Fla. App. LEXIS 15446, 1999 WL 1043909

District Court of Appeal of Florida | Filed: Nov 19, 1999 | Docket: 64792251

Published

ANTOON, C.J., HARRIS and GRIFFIN, JJ., concur. . § 782.04(2), Fla. Stat. (1997). . Art. I, § 16(a), Fla

Cuyler v. State

733 So. 2d 568, 1999 Fla. App. LEXIS 5541, 1999 WL 252339

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788400

Published

re-sentencing. COBB and GOSHORN, JJ., concur. . § 782.04, Fla. Stat. (1995). ' . § 812.13(2)(a), Fla

Pruett v. State

731 So. 2d 113, 1999 Fla. App. LEXIS 4993, 1999 WL 219140

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787825

Published

appellant was charged with felony murder, section 782.04(4), Florida Statutes (1997), and battery on

Jones v. State

727 So. 2d 1120, 1999 Fla. App. LEXIS 2694, 1999 WL 128754

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 64786664

Published

W. SHARP, PETERSON and ANTOON, JJ., concur. . § 782.04, Fla. Stat. (1997).

Jordan v. State

728 So. 2d 748, 1998 WL 621355

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 53300

Published

enforcement officer, with a firearm, "in violation of § 782.04(1) and § 784.07 and § 775.0825 and § 777.04, [Florida

Saint Aime v. State

723 So. 2d 874, 1998 Fla. App. LEXIS 15549, 1998 WL 877492

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64785274

Published

charge of first-degree murder as established in section 782.04(1), Florida Statutes (1995). First-degree murder

Hammond v. State

722 So. 2d 887, 1998 Fla. App. LEXIS 15042, 1998 WL 832064

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 64784984

Published

second-degree felony, and compounds the error by citing section 782.04(4), Florida Statutes (1981), which defines

Ayo v. State

718 So. 2d 840, 1998 WL 473004

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 466216

Published

782.07(1), 775.087(1), Fla. Stat. (1997). [3] § 782.04(2), Fla. Stat. (1997). [4] § 790.23, Fla. Stat

Holloway v. State

705 So. 2d 646, 1998 Fla. App. LEXIS 423, 1998 WL 17400

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 64778731

Published

degree murder with a firearm in violation of section 782.04, Florida Statutes (1993). Appellant argues

Dingle v. State

699 So. 2d 834, 1997 Fla. App. LEXIS 11120, 1997 WL 599986

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 64775974

Published

shaking and/or blunt trauma in violation of section 782.04(l)(a)(2), Florida Statutes (1991), and in count

Feimster v. State

706 So. 2d 1361, 1997 Fla. App. LEXIS 8429, 1997 WL 410401

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64779496

Published

sentence is fifteen years. See § 777.04(4)(c), § 782.04(2), Fla. Stat. (1991); § 775.082(3)(c), Fla. Stat

Ward v. State

696 So. 2d 1317, 1997 Fla. App. LEXIS 8657, 1997 WL 402516

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 64775062

Published

first degree, a capital felony pursuant to section 782.04(l)(a), Florida Statutes. The judgment and sentence

Ward v. State

696 So. 2d 1317, 1997 Fla. App. LEXIS 8657, 1997 WL 402516

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 64775062

Published

first degree, a capital felony pursuant to section 782.04(l)(a), Florida Statutes. The judgment and sentence

Guerra v. State

695 So. 2d 849, 1997 Fla. App. LEXIS 6742, 1997 WL 330409

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 64774323

Published

murder is a first-degree felony punishable by life. § 782.04(2), Fla. Stat. (1989). If the charging document

Chambers v. State

695 So. 2d 1264, 1997 Fla. App. LEXIS 6954, 1997 WL 336625

District Court of Appeal of Florida | Filed: Jun 16, 1997 | Docket: 64774540

Published

punishable by a term of years not exceeding life. Section 782.04(2), Fla. Stat. (1995). In order to challenge

Kaufman v. State

696 So. 2d 1214, 1997 Fla. App. LEXIS 5827, 1997 WL 280560

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64775026

Published

separate offenses. § 777.04(3), Fla. Stat. (1993); § 782.04(l)(a)l, Fla. Stat. (1993). Kaufman’s sentence

Gandy v. State

695 So. 2d 792, 1997 Fla. App. LEXIS 4864, 1997 WL 216216

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 64774293

Published

on the judgment form, which should indicate section 782.04(4), not section 784.04(4), Florida Statute

Boyd v. State

687 So. 2d 1389, 1997 Fla. App. LEXIS 1700, 1997 WL 80091

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771174

Published

attempted second degree murder in violation of section 782.04(2). WARNER, STEVENSON and PARIENTE, JJ., concur

Page v. State

687 So. 2d 1357, 1997 Fla. App. LEXIS 404, 1997 WL 43859

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 64771164

Published

degree felony punishable by life imprisonment. § 782.04(2), Fla.Stat. (1977). The life sentence is legal

Roberts v. State

685 So. 2d 88, 1996 Fla. App. LEXIS 13450, 1996 WL 738836

District Court of Appeal of Florida | Filed: Dec 30, 1996 | Docket: 64769915

Published

as provided in s. 775.082, 775.083 or 775.084.” § 782.04(2), Fla. Stat. Appellant argues that under these

Manley v. State

677 So. 2d 104, 1996 WL 417533

District Court of Appeal of Florida | Filed: Jul 26, 1996 | Docket: 2523300

Published

GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1993). [2] § 784.045(1)(a)1.

Harris v. State

674 So. 2d 110, 21 Fla. L. Weekly Supp. 209, 1996 Fla. LEXIS 778, 1996 WL 254376

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64764916

Published

imprisonment or not less than twenty years. See § 782.04, Fla.Stat. (1966). Today, second-degree murder

Burgan v. State

675 So. 2d 175, 1996 Fla. App. LEXIS 4710, 1996 WL 239286

District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 64765241

Published

REMANDED. GRIFFIN and THOMPSON, JJ., concur. . § 782.04(2), Fla.Stat. (1993). . § 812.13(1), (2)(a)

Nash v. State

675 So. 2d 955, 1996 Fla. App. LEXIS 3719, 1996 WL 169025

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 64765507

Published

for 21 years for third-degree murder under section 782.04(4), Florida Statutes, was illegal as beyond

Tran v. State

667 So. 2d 812, 1995 Fla. App. LEXIS 12452, 1995 WL 704329

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 64762180

Published

conviction for second-degree murder based on section 782.04(2), Florida Statutes (1991), contending that

Rakers v. State

664 So. 2d 1038, 1995 Fla. App. LEXIS 12105, 1995 WL 680888

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 64760937

Published

number, which should reflect the violation of section 782.04(2), Florida Statutes (1989). We assume the

Baker v. State

659 So. 2d 713, 1995 Fla. App. LEXIS 9144, 1995 WL 509297

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 64758470

Published

We note that Appellant was convicted under section 782.04(2), Florida Statutes, and not under section

Peters v. State

658 So. 2d 1175, 1995 Fla. App. LEXIS 8432, 1995 WL 467311

District Court of Appeal of Florida | Filed: Aug 9, 1995 | Docket: 64758147

Published

murder with a deadly weapon, in violation of section 782.04, Florida Statutes (1985). The appellant was

Brown v. State

658 So. 2d 1166, 1995 Fla. App. LEXIS 8206, 1995 WL 457070

District Court of Appeal of Florida | Filed: Aug 4, 1995 | Docket: 64758142

Published

conviction. AFFIRMED. COBB and GOSHORN, JJ., concur. . § 782.04(l)(a), Fla.Stat. (1993). . § 812.13(2)(a), Fla

Johnson v. Singletary

883 F. Supp. 1535, 1995 U.S. Dist. LEXIS 5837, 1995 WL 254338

District Court, M.D. Florida | Filed: Apr 26, 1995 | Docket: 1707828

Published

kill must be formed before the killing. Fla.Stat. § 782.04(1)(a) (Fla.Stand.Jury Inst.Murder — First Degree)

Baque v. State

653 So. 2d 1105, 1995 Fla. App. LEXIS 4047, 1995 WL 228610

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 64755785

Published

Statutes section 782.04(1). The judgment should reflect a conviction of Florida Statutes section 782.04(2)

Addison v. State

653 So. 2d 482, 1995 Fla. App. LEXIS 3703, 1995 WL 214608

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755486

Published

AFFIRMED. HARRIS, C.J., and GOSHORN, J., concur. . § 782.04, Fla.Stat. (1991). . § 812.13, Fla.Stat. (1991)

De Pena v. State

652 So. 2d 1273, 1995 Fla. App. LEXIS 3672, 20 Fla. L. Weekly Fed. D 901

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755344

Published

and *1274sentences for (1) first-degree murder [§ 782.04(l)(a)(l), Fla.Stat. (1991)], (2) conspiracy to

State v. Ingleton

653 So. 2d 443, 1995 Fla. App. LEXIS 3309, 1995 WL 137070

District Court of Appeal of Florida | Filed: Mar 31, 1995 | Docket: 64755475

Published

a drug overdose theory of prosecution under section 782.04(l)(a)3., Florida Statutes. The defendant was

Welch v. State

650 So. 2d 1096, 1995 Fla. App. LEXIS 1708, 1995 WL 69270

District Court of Appeal of Florida | Filed: Feb 22, 1995 | Docket: 64754451

Published

877 (Fla.1994), the supreme court held that section 782.04(l)(a), Florida Statutes (1991), properly instructed

Hubbard v. State

647 So. 2d 1081, 1995 Fla. App. LEXIS 119, 1995 WL 10502

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 64753094

Published

DAUKSCH, GOSHORN and PETERSON, JJ., concur. . § 782.04, Florida Statutes (1989): . § 812.13(1), (2)(a)

Colbert v. State

646 So. 2d 234, 1994 Fla. App. LEXIS 10131, 1994 WL 576167

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64752502

Published

with opinion in which GOSHORN, .J., concurs. . § 782.04(l)(a), Fla.Stat. (1991). . § 787.01(1), Fla

Currelly v. State

644 So. 2d 139, 1994 Fla. App. LEXIS 10128, 1994 WL 575454

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64751597

Published

conviction for second-degree felony murder under section 782.04(3), Florida Statutes (1991). State v. Dene

Williams v. State

642 So. 2d 802, 1994 Fla. App. LEXIS 8806, 1994 WL 498005

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64750880

Published

Third-degree murder is a second-degree felony. § 782.04(4), Fla.Stat. (1991). Attempted third-degree murder

Farmer v. State

642 So. 2d 127, 1994 Fla. App. LEXIS 8782, 1994 WL 501295

District Court of Appeal of Florida | Filed: Sep 12, 1994 | Docket: 64750643

Published

punishable by a term of years not exceeding life. § 782.04(2), Fla. Stat. (1993). Because a firearm was used

England v. State

644 So. 2d 511, 1994 Fla. App. LEXIS 8014, 1994 WL 419619

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64751780

Published

references for the crimes of second-degree murder, section 782.04(2), Florida Statutes (1987), and grand theft

Walker v. State

639 So. 2d 1030, 1994 Fla. App. LEXIS 6656, 1994 WL 321683

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 64749696

Published

reverse. Premeditated murder is capital felony. § 782.04(l)(a), Fla.Stat. (1991). Attempted premeditated

Daniels v. State

636 So. 2d 586, 1994 Fla. App. LEXIS 4708, 19 Fla. L. Weekly Fed. D 1066

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 64748234

Published

REMANDED. HARRIS, C.J., and THOMPSON, JJ., concur. . § 782.04(4), Fla.Stat. (1989). . § 784.021, Fla.Stat

Rogers v. State

627 So. 2d 1352, 1993 Fla. App. LEXIS 12909, 1993 WL 540133

District Court of Appeal of Florida | Filed: Dec 30, 1993 | Docket: 64744728

Published

convicted for first degree murder, a violation of section 782.04, Florida Statutes (1991). This felony is a

Pugh v. State

626 So. 2d 1011, 1993 Fla. App. LEXIS 11154, 1993 WL 452161

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64744051

Published

offense for first-degree felony murder under section 782.04(l)(a)2, Florida Statutes (1989), we reverse

Pugh v. State

626 So. 2d 1011, 1993 Fla. App. LEXIS 11154, 1993 WL 452161

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64744051

Published

offense for first-degree felony murder under section 782.04(l)(a)2, Florida Statutes (1989), we reverse

Futrell v. State

627 So. 2d 26, 1993 Fla. App. LEXIS 11176, 1993 WL 452113

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64744241

Published

opinion. PETERSON and DIAMANTIS, JJ., concur. . § 782.04(2), Fla.Stat. (1991). . § 790.07(2), Fla.Stat

State v. Richardson

621 So. 2d 752, 1993 Fla. App. LEXIS 7071

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697795

Published

and STROKER, R.J., Associate Judge, concur. . § 782.04(l)(a), Fla.Stat. (1989). . § 812.13, Fla.Stat

Alpern v. State

605 So. 2d 1291, 1992 Fla. App. LEXIS 10382, 1992 WL 259774

District Court of Appeal of Florida | Filed: Oct 6, 1992 | Docket: 64670493

Published

enumerated felony of first degree murder pursuant to Section 782.04(4), Florida Statutes. To that end the defendant

Jones v. State

602 So. 2d 604, 1992 Fla. App. LEXIS 6763, 1992 WL 143618

District Court of Appeal of Florida | Filed: Jun 24, 1992 | Docket: 64668979

Published

convicted of first-degree murder, in violation of section 782.04(l)(a)(l), Florida Statutes (1987), and grand

Orr v. State

597 So. 2d 833, 1992 WL 63447

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 1704894

Published

attempted first degree murder is a crime under section 782.04(1)(a) and section 777.04, Florida Statutes

Lane v. State

591 So. 2d 959, 1991 Fla. App. LEXIS 11940, 1991 WL 253348

District Court of Appeal of Florida | Filed: Dec 2, 1991 | Docket: 64664402

Published

murder, a first-degree felony punishable by life. § 782.04(2), Fla.Stat. (1987). He was sentenced to twelve

Reyes v. State

581 So. 2d 932, 1991 Fla. App. LEXIS 5371, 1991 WL 98021

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659848

Published

through the doctrine of felony murder pursuant to Section 782.04, Florida Statutes (1987). Prior to trial, the

Reyes v. State

581 So. 2d 932, 1991 Fla. App. LEXIS 5371, 1991 WL 98021

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659848

Published

through the doctrine of felony murder pursuant to Section 782.04, Florida Statutes (1987). Prior to trial, the

McKnight v. State

569 So. 2d 521, 1990 Fla. App. LEXIS 8637, 1990 WL 175098

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 64654261

Published

Section 7, Chapter 88-131, Laws of Florida; Section 782.04, Florida Statutes (1987); Section 790.07(2)

Brunson v. State

568 So. 2d 1344, 1990 Fla. App. LEXIS 8499, 1990 WL 169463

District Court of Appeal of Florida | Filed: Nov 6, 1990 | Docket: 64654174

Published

original). The first-degree murder statute, section 782.04(l)(a), Florida Statutes (1987), under which

Gwong v. State

567 So. 2d 906, 1990 Fla. App. LEXIS 6580, 1990 WL 126191

District Court of Appeal of Florida | Filed: Aug 31, 1990 | Docket: 64653559

Published

charged that defendant’s acts were contrary to section 782.04(1), Florida Statutes (1987), which specifies

United States v. Sanchez

741 F. Supp. 215, 1990 U.S. Dist. LEXIS 8923, 1990 WL 98774

District Court, S.D. Florida | Filed: Jul 5, 1990 | Docket: 65972804

Published

The Government advances that Florida Statutes § 782.04, which defines situations giving rise to first-degree

Vieyra v. State

562 So. 2d 435, 1990 Fla. App. LEXIS 4418, 1990 WL 82453

District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 64650966

Published

The second degree murder, a first degree felony, § 782.04(2), Fla.Stat. (1987), was enhanced to a life felony

Maynard v. State

561 So. 2d 449, 1990 Fla. App. LEXIS 3497, 1990 WL 64124

District Court of Appeal of Florida | Filed: May 17, 1990 | Docket: 64650672

Published

REMANDED. GOSHORN and HARRIS, JJ., concur. . § 782.04(3), Fla.Stat. (1989).

De La Cruz v. State

560 So. 2d 328, 1990 Fla. App. LEXIS 2807, 1990 WL 49828

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 64650135

Published

crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant

Whitehead v. State

558 So. 2d 181, 1990 Fla. App. LEXIS 1733, 1990 WL 28176

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 64648791

Published

conviction of attempted first degree murder, section 782.-04, Florida Statutes, finding the evidence legally

State v. Trejo

555 So. 2d 1321, 1990 Fla. App. LEXIS 448, 1990 WL 5234

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 64647729

Published

degree murder is a felony of the first degree. § 782.04(2), Fla. Stat. (1987). A prosecution for a felony

Heidrick v. State

553 So. 2d 795, 1989 Fla. App. LEXIS 7194, 1989 WL 153604

District Court of Appeal of Florida | Filed: Dec 21, 1989 | Docket: 64646973

Published

REMANDED. GOSHORN and HARRIS, JJ., concur. . § 782.04(l)(a)(2), Fla.Stat. (1987). . § 810.02(2)(b)

Williams v. State

540 So. 2d 188, 14 Fla. L. Weekly 717, 1989 Fla. App. LEXIS 1456, 1989 WL 23486

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 64641145

Published

allegations obviously track the language of Section 782.04(2), Florida Statutes.1 The evidence established

North v. State

538 So. 2d 897, 14 Fla. L. Weekly 223, 1989 Fla. App. LEXIS 193, 1989 WL 2452

District Court of Appeal of Florida | Filed: Jan 19, 1989 | Docket: 64640620

Published

71-136, Laws of Florida (1971), now codified as section 782.04(3), Florida Statutes (1987). Moreover, such

Boutwell v. State

530 So. 2d 1092, 1988 Fla. App. LEXIS 4130, 1988 WL 94261

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 64636946

Published

with first-degree mur*1093der, in violation of section 782.04, Florida Statutes, and possession of a firearm

Johnson v. State

529 So. 2d 1250, 1988 WL 84346

District Court of Appeal of Florida | Filed: Aug 18, 1988 | Docket: 2589347

Published

AFFIRM. DAUKSCH and DANIEL, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1987). [2] §§ 782.04(2) & 775

Stockton v. State

529 So. 2d 739, 13 Fla. L. Weekly 1532, 1988 Fla. App. LEXIS 2882, 1988 WL 68089

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 64636371

Published

since the latter is a felony of the second degree, § 782.04(4), Fla.Stat. (1985), as is manslaughter, § 782

Ruffin v. Dugger

848 F.2d 1512, 1988 WL 63454

Court of Appeals for the Eleventh Circuit | Filed: Jun 20, 1988 | Docket: 66235184

Published

being to this Body unknown, in violation of Florida Statute 782.04. [The court then instructed the jury on

Anderson v. State

523 So. 2d 740, 1988 Fla. App. LEXIS 1495, 1988 WL 32909

District Court of Appeal of Florida | Filed: Apr 13, 1988 | Docket: 64634208

Published

murder in the first degree in violation of section 782.04(l)(a), Florida Statutes (1985). Affirmed. LEHAN

Garcia v. State

521 So. 2d 278, 13 Fla. L. Weekly 605, 1988 Fla. App. LEXIS 848, 1988 WL 16853

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 64633150

Published

CAMPBELL, A.C.J., and THREADGILL, J., concur. . Section 782.04(4), Florida Statutes (1985).

Mayo v. State

518 So. 2d 458, 13 Fla. L. Weekly 201, 1988 Fla. App. LEXIS 178

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 64632007

Published

crime. Although appellant was charged under section 782.04, Florida Statutes, the murder statute, he was

Lee v. Department of Health & Rehabilitative Services

518 So. 2d 364, 13 Fla. L. Weekly 9, 1987 Fla. App. LEXIS 11681, 1987 WL 3013

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631980

Published

similar statute of another jurisdiction: a. Section 782.04, relating to murder. . Subsection (3)(b)l

Spence v. State

515 So. 2d 312, 12 Fla. L. Weekly 2527, 1987 Fla. App. LEXIS 10741

District Court of Appeal of Florida | Filed: Nov 4, 1987 | Docket: 64630826

Published

Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969); § 782.04(2), Fla.Stat. (1983). As to the prosecutor’s comment

Haag v. State

513 So. 2d 244, 1987 Fla. App. LEXIS 10446

District Court of Appeal of Florida | Filed: Sep 30, 1987 | Docket: 64629788

Published

reject the contention of unconstitutionality of Section 782.04(l)(a)2(h), Florida Statutes (1985). ANSTEAD

State v. Dene

512 So. 2d 1156, 1987 Fla. App. LEXIS 10401, 12 Fla. L. Weekly 2327

District Court of Appeal of Florida | Filed: Sep 25, 1987 | Docket: 64629657

Published

the following question: IS A CONVICTION UNDER SECTION 782.04(3), FLORIDA STATUTES, THE SECOND-DEGREE FELONY

Doyle v. State

513 So. 2d 188, 12 Fla. L. Weekly 2175, 1987 Fla. App. LEXIS 12146

District Court of Appeal of Florida | Filed: Sep 9, 1987 | Docket: 64629767

Published

conviction for murder in the third degree under section 782.04(4), Florida Statutes (1983), was improper.

Park v. State

509 So. 2d 1379, 12 Fla. L. Weekly 1778, 1987 Fla. App. LEXIS 9435

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64628469

Published

felony and thus not subject to the guidelines. § 782.-04, Fla.Stat. (1983). Hence, the appellant became

Brown v. State

507 So. 2d 764, 1987 Fla. App. LEXIS 8379, 12 Fla. L. Weekly 1312

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 64627373

Published

with a common pocket knife, in violation of section 782.04(l)(a), Florida Statutes. Pursuant to a plea

Maugeri v. State

504 So. 2d 22, 12 Fla. L. Weekly 667, 1987 Fla. App. LEXIS 7125

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625885

Published

(15) days to file a Motion for Rehearing." . Section 782.04 Murder. Florida Statutes (1985) (l)(a) The

Maugeri v. State

504 So. 2d 22, 12 Fla. L. Weekly 667, 1987 Fla. App. LEXIS 7125

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625885

Published

(15) days to file a Motion for Rehearing." . Section 782.04 Murder. Florida Statutes (1985) (l)(a) The

Scurry v. State

506 So. 2d 4, 12 Fla. L. Weekly 644, 1987 Fla. App. LEXIS 7000

District Court of Appeal of Florida | Filed: Feb 27, 1987 | Docket: 64626681

Published

evidence adduced in this case falls short of section 782.04(2), Florida Statutes (1983).1 Therefore, the

Law v. State

502 So. 2d 471, 1987 Fla. App. LEXIS 6336, 12 Fla. L. Weekly 271

District Court of Appeal of Florida | Filed: Jan 15, 1987 | Docket: 64625030

Published

offense. Second-degree murder, as defined in section 782.-04(2), is the unlawful killing of a human being

Hall v. State

500 So. 2d 661, 12 Fla. L. Weekly 97, 1986 Fla. App. LEXIS 11410

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 64624269

Published

in the perpetration of a felony in violation of § 782.04 and § 775.-087(2), Florida Statutes. Appellant

Harvey v. State

497 So. 2d 996, 11 Fla. L. Weekly 2433, 1986 Fla. App. LEXIS 10692

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 64623090

Published

RESENTENCING. UPCHURCH, C.J., and COBB, J., concur. . § 782.04(2), Fla.Stat. (1985).

Diaz v. State

492 So. 2d 1144, 11 Fla. L. Weekly 1763, 1986 Fla. App. LEXIS 9297

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64621100

Published

Fidel Diaz on charges of first degree murder, § 782.04, Fla.Stat. (1979), attempted first degree murder

State v. Chapin

486 So. 2d 566

Supreme Court of Florida | Filed: Apr 3, 1986 | Docket: 1407132

Published

SUCCESSIVE) CRIMINAL PROCEEDING? Id. at 341. [2] § 782.04(4), Fla. Stat. (1983). The underlying felony was

Sori v. State

477 So. 2d 49, 10 Fla. L. Weekly 2415, 1985 Fla. App. LEXIS 16445

District Court of Appeal of Florida | Filed: Oct 23, 1985 | Docket: 64614813

Published

to instruct on third-degree felony murder. Section 782.04(4), Florida Statutes (1983), defines third-degree

Connolly v. State

474 So. 2d 912, 10 Fla. L. Weekly 2044, 1985 Fla. App. LEXIS 15650

District Court of Appeal of Florida | Filed: Aug 30, 1985 | Docket: 64613812

Published

attempted first-degree murder in violation of section 782.04, Florida Statutes (Supp.1982) and section 777

Carpenter v. State

474 So. 2d 1237, 10 Fla. L. Weekly 2050, 1985 Fla. App. LEXIS 15616

District Court of Appeal of Florida | Filed: Aug 29, 1985 | Docket: 64613918

Published

effect the death of any particular individual. § 782.-04(2), Fla.Stat. (1983). An act is imminently dangerous

W.S.L. v. State

470 So. 2d 828, 10 Fla. L. Weekly 1469, 1985 Fla. App. LEXIS 14546

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 64612568

Published

not in themselves the cause of the death. See section 782.04(1)(a)(2), Florida Statutes (1983). As his second

Dougan v. State

470 So. 2d 697, 10 Fla. L. Weekly 302, 1985 Fla. LEXIS 3131

Supreme Court of Florida | Filed: May 30, 1985 | Docket: 64612550

Published

third-degree murder, which is solely felony murder. § 782.04(4), Fla.Stat. (1975). The state then insisted

Pina v. State

468 So. 2d 475, 1985 Fla. App. LEXIS 14138, 10 Fla. L. Weekly 1180

District Court of Appeal of Florida | Filed: May 8, 1985 | Docket: 64611798

Published

underlying bases for the felony murder convictions. Section 782.04(l)(a)2.d., Fla.Stat. (1983); Dixon, 463 So

Furr v. State

464 So. 2d 693, 10 Fla. L. Weekly 602, 1985 Fla. App. LEXIS 12637

District Court of Appeal of Florida | Filed: Mar 8, 1985 | Docket: 64610346

Published

degree than first degree (felony) murder under section 782.04, Florida Statutes (1983). In the case before

Skinner v. State

468 So. 2d 271, 10 Fla. L. Weekly 552, 1985 Fla. App. LEXIS 12571

District Court of Appeal of Florida | Filed: Mar 1, 1985 | Docket: 64611725

Published

commit premeditated murder as required under section 782.04, Florida Statutes (1984). Upon a careful review

Carrillo v. State

463 So. 2d 450, 1985 Fla. App. LEXIS 14090, 10 Fla. L. Weekly 359

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 64609878

Published

crime of second degree murder, a violation of section 782.04(2), Florida Statutes (1983). Immediately prior

State v. Pforr

461 So. 2d 1006, 10 Fla. L. Weekly 36, 1984 Fla. App. LEXIS 16306

District Court of Appeal of Florida | Filed: Dec 21, 1984 | Docket: 64609174

Published

premeditation intending to kill the victim’s spouse. Section 782.04(l)(a)l, Florida Stat- ■ utes, defines first

Nagy v. State

459 So. 2d 1107, 9 Fla. L. Weekly 2356, 1984 Fla. App. LEXIS 15800

District Court of Appeal of Florida | Filed: Nov 8, 1984 | Docket: 64608477

Published

“evincing a depraved mind regardless of human life.” § 782.04(2), Fla.Stat. (1983). The victim, Ray McLaughlin

Chapin v. State

458 So. 2d 339, 9 Fla. L. Weekly 2152, 1984 Fla. App. LEXIS 15388

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607807

Published

ORFINGER and FRANK D. UP-CHURCH, JJ., concur. . § 782.04(4), Fla.Stat. (1983). . § 893.135, Fla.Stat

Green v. State

453 So. 2d 526, 9 Fla. L. Weekly 1698, 1984 Fla. App. LEXIS 13977

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 64606136

Published

requested instruction on third degree murder. § 782.04(4), Fla.Stat. (1983).1 Green was charged with

State v. Fuller

455 So. 2d 357, 1984 Fla. LEXIS 3284

Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 64606645

Published

Fuller with second-degree felony murder under section 782.04, Florida Statutes (1979), and unlawful display

Britt v. State

453 So. 2d 1154, 1984 Fla. App. LEXIS 14378

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 64606298

Published

both felony-murder and premeditated murder, see § 782.-04(1)(a), Florida Statutes, and the factual assertions

McGuire v. State

440 So. 2d 70, 1983 Fla. App. LEXIS 24056

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 64600507

Published

a “depraved mind regardless of human life.” Section 782.04(2), Florida Statutes (1981). After a complete

McNeil v. State

438 So. 2d 178, 1983 Fla. App. LEXIS 24323

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 64599768

Published

guilty of murder in the second degree. Under section 782.04(2), Florida Statutes (1981), murder in the

Roysdon v. State

437 So. 2d 156, 1983 Fla. App. LEXIS 21506

District Court of Appeal of Florida | Filed: Jul 8, 1983 | Docket: 64599357

Published

appellant’s crime as “MURDER IN THE FIRST DEGREE, [section] 782.04(la) [sic],” a “First” degree felony, “(MURDER

Jenkins v. State

433 So. 2d 603, 1983 Fla. App. LEXIS 19560

District Court of Appeal of Florida | Filed: Jun 10, 1983 | Docket: 64597832

Published

J., and WENTWORTH and ZEHMER, JJ., concur. . § 782.04(l)(a), Fla.Stat. (1981). . § 810.02(2)(b), Fla

State v. McCutcheon

428 So. 2d 788, 1983 Fla. App. LEXIS 18965

District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595904

Published

an indictment and declaring unconstitutional section 782.04(l)(a) and (4), Florida Statutes (1979). We

Bentley v. State

422 So. 2d 68, 1982 Fla. App. LEXIS 21636

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593384

Published

appellant with attempted murder in violation of section 782.-04(1), Florida Statutes (1981). On January 9,

Bundy v. Florida Parole & Probation Commission

419 So. 2d 1181, 1982 Fla. App. LEXIS 21317

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592263

Published

to establish petitioner’s matrix time frame. Section 782.04(2), Florida Statutes, defines second degree

Lunford v. State

400 So. 2d 156, 1981 Fla. App. LEXIS 20290

District Court of Appeal of Florida | Filed: Jun 22, 1981 | Docket: 64583425

Published

Second-degree murder is a first-degree felony, § 782.04(2), Florida Statutes (1979), and the attempt charge

Stancil v. State

405 So. 2d 426, 1981 Fla. App. LEXIS 19929

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64585892

Published

second-degree murder which is a first-degree felony. § 782.04(2), id. Stancil committed the offense while sixteen

State v. Kirkland

384 So. 2d 1328, 1980 Fla. App. LEXIS 17075

District Court of Appeal of Florida | Filed: Jun 24, 1980 | Docket: 64576836

Published

result of one of the felonies enumerated in Section 782.04(1), we hold that the defendant may not be convicted

State v. Harden

384 So. 2d 52, 1980 Fla. App. LEXIS 16357

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576407

Published

in such cases made and provided, to-wit: Florida Statute 782.04. Pursuant to Florida Rule of Criminal Procedure

Straughter v. State

384 So. 2d 218, 1980 Fla. App. LEXIS 16783

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 64576456

Published

another and evincing a depraved mind . . . ” See Section 782.04(2), Florida Statutes (1977). However, nothing

Johnson v. State

382 So. 2d 762, 1980 Fla. App. LEXIS 15860

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 64575634

Published

Second-degree murder is a first-degree felony. § 782.04(2), Fla.Stat. (1977). An attempt to commit a first-degree

Lowery v. State

375 So. 2d 1075, 1979 Fla. App. LEXIS 15877

District Court of Appeal of Florida | Filed: Jun 13, 1979 | Docket: 64572359

Published

shooting the said Leroy Moss in violation of Florida Statute 782.04.” At trial none of the proof against appellant

Wright v. State

376 So. 2d 236, 1979 Fla. App. LEXIS 16156

District Court of Appeal of Florida | Filed: May 4, 1979 | Docket: 64572512

Published

or one has committed no unlawful homicide. Section 782.04, defining the various degrees of murder, begins

Castellanos v. State

367 So. 2d 259, 1979 Fla. App. LEXIS 14437

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 64568433

Published

Jefferson, 347 So.2d 427 (Fla.1977); and Section 782.-04(l)(a), Florida Statutes (1977). Affirmed.

State v. Jones

365 So. 2d 226, 1978 Fla. App. LEXIS 17122

District Court of Appeal of Florida | Filed: Dec 19, 1978 | Docket: 64567502

Published

appellee in a robbery. The statute involved is Section 782.04, Florida Statutes (1975), providing as follows:

Jones v. State

363 So. 2d 1123, 1978 Fla. App. LEXIS 16451

District Court of Appeal of Florida | Filed: Oct 11, 1978 | Docket: 64566851

Published

occurred on November 13, 1974. In Florida under Section 782.04, Florida Statutes (1973), the unlawful killing

Wheeler v. State

362 So. 2d 377

District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 1363040

Published

did the legislature amend the murder statute, Section 782.04, to delete the obsolete term "rape" and substitute

McRae v. State

355 So. 2d 1252, 1978 Fla. App. LEXIS 15106

District Court of Appeal of Florida | Filed: Mar 10, 1978 | Docket: 64563255

Published

v. State, 344 So.2d 1334 (Fla.2d DCA 1977). Section 782.04(3), Florida Statutes (1976) provides in relevant

Grasso v. State

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

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 64562034

Published

accordance herewith. Remanded with directions. . § 782.04(2), Fla.Stat. (1975). . § 782.07, Fla.Stat.

Jones v. State

350 So. 2d 24, 1977 Fla. App. LEXIS 16630

District Court of Appeal of Florida | Filed: Sep 13, 1977 | Docket: 64560360

Published

crime of second degree murder, in violation of Section 782.04(2), Florida Statutes (1975). An information

Saunders v. State

341 So. 2d 773, 1977 Fla. LEXIS 3791

Supreme Court of Florida | Filed: Jan 13, 1977 | Docket: 64556746

Published

of third degree murder now in our statutes, Section 782.04(4), Florida Statutes. The Tillman Court held

Burcham v. State

338 So. 2d 1138, 1976 Fla. App. LEXIS 15663

District Court of Appeal of Florida | Filed: Nov 5, 1976 | Docket: 64555696

Published

Cases read as follows: “MURDER — FIRST DEGREE F.S. 782.04(l)(a) First Murder in the first degree is Degree

Angell v. State

336 So. 2d 12, 1976 Fla. App. LEXIS 13979

District Court of Appeal of Florida | Filed: Aug 6, 1976 | Docket: 64554649

Published

with a handgun, contrary to F.S. 833.03 and F.S. 782.04. Prior to appellant’s trial Rick Croll entered

Hardwick v. State

335 So. 2d 307, 1976 Fla. App. LEXIS 13859

District Court of Appeal of Florida | Filed: Jun 30, 1976 | Docket: 64554511

Published

second degree murder within the meaning of Section 782.04(2), F.S. Did the trial court commit fundamental

Smith v. State

282 So. 2d 179, 1973 Fla. App. LEXIS 7537

District Court of Appeal of Florida | Filed: Aug 3, 1973 | Docket: 64534213

Published

defining the phrase “a depraved mind.” We agree. Section 782.04, F.S.A. defines the offense of second degree

Yeargin v. State

277 So. 2d 294, 1973 Fla. App. LEXIS 6717

District Court of Appeal of Florida | Filed: May 10, 1973 | Docket: 64532084

Published

form of the statute in such case pursuant to Section 782.04 of the Florida Statutes, F.S.A., made and provided

Golson v. State

270 So. 2d 36, 1972 Fla. App. LEXIS 5712

District Court of Appeal of Florida | Filed: Dec 1, 1972 | Docket: 64529103

Published

thus constituting a felony-murder under F.S. § 782.04, F.S.A. The robbery itself was sought to be proved

Bryan v. State

271 So. 2d 197, 1972 Fla. App. LEXIS 5687

District Court of Appeal of Florida | Filed: Sep 7, 1972 | Docket: 64529616

Published

second degree, merely tracked the statute (F.S. § 782.04(2), F.S.A.), in which the technical words “evincing

Blackman v. State

265 So. 2d 734, 1972 Fla. App. LEXIS 6460

District Court of Appeal of Florida | Filed: Aug 29, 1972 | Docket: 64527298

Published

Fla.Stat., F.S.A. for robbery; § 784.06 (with § 782.04) for assault with intent to commit murder.) Validity

Fowler v. State

263 So. 2d 202, 1972 Fla. LEXIS 3591

Supreme Court of Florida | Filed: May 31, 1972 | Docket: 64526341

Published

Fowler of murder in the first degree [Fla.Stat. § 782.04(1), F.S.A.] without a recommendation of mercy

Highsmith v. State

252 So. 2d 294, 1971 Fla. App. LEXIS 5991

District Court of Appeal of Florida | Filed: Sep 8, 1971 | Docket: 64522004

Published

robbery is murder in the first degree. Fla.Stat. § 782.04(3) (1969), F.S.A. And one who aids and abets the

Wood v. State

251 So. 2d 556, 1971 Fla. App. LEXIS 6179

District Court of Appeal of Florida | Filed: Aug 17, 1971 | Docket: 64521802

Published

109, 81 S.Ct. 413, 5 L.Ed.2d 445 (1961). .F.S. § 782.04(2), F.S.A. defines second degree murder as follows

Wright v. State

250 So. 2d 333, 1971 Fla. App. LEXIS 6286

District Court of Appeal of Florida | Filed: Jul 7, 1971 | Docket: 64521337

Published

Felonies which.Might Have Been Involved. *338F.S. Section 782.04 F.S.A. defines first degree murder as— “The

Williams v. State

249 So. 2d 743, 1971 Fla. App. LEXIS 6436

District Court of Appeal of Florida | Filed: Jun 25, 1971 | Docket: 64521102

Published

. Williams v. State, supra, note 1. . F.S. § 782.04.

Senter v. State

242 So. 2d 465, 1971 Fla. App. LEXIS 5465

District Court of Appeal of Florida | Filed: Jan 5, 1971 | Docket: 64518059

Published

“a depraved mind regardless of human life”. F.S. 782.-04, par. 2, F.S.A. We have reviewed the record

Laws v. State

235 So. 2d 754, 1970 Fla. App. LEXIS 6456

District Court of Appeal of Florida | Filed: May 22, 1970 | Docket: 64514798

Published

committed second degree murder in violation of § 782.04, Florida Statutes 1953, F.S.A. He was represented

Harrolle v. State

235 So. 2d 44, 1970 Fla. App. LEXIS 6361

District Court of Appeal of Florida | Filed: May 5, 1970 | Docket: 64514539

Published

Florida Statutes” he was in fact charged under § 782.04, Fla.Stat., F.S.A., the murder statute. The contention

Smith v. State

233 So. 2d 870, 1970 Fla. App. LEXIS 6745

District Court of Appeal of Florida | Filed: Mar 18, 1970 | Docket: 64514075

Published

3 Fla.Jur., Assault and Battery, § 3. . Section 782.04(1), F.S.1967, F.S.A.

Smith v. State

233 So. 2d 870, 1970 Fla. App. LEXIS 6745

District Court of Appeal of Florida | Filed: Mar 18, 1970 | Docket: 64514075

Published

3 Fla.Jur., Assault and Battery, § 3. . Section 782.04(1), F.S.1967, F.S.A.

Gertman v. State

223 So. 2d 798, 1969 Fla. App. LEXIS 5742

District Court of Appeal of Florida | Filed: Jun 10, 1969 | Docket: 64510299

Published

in the perpetration of a robbery as defined in § 782.04(l),1 Fla. Stat., F.S.A. It was stipulated at the

Cobb v. State

213 So. 2d 492, 1968 Fla. App. LEXIS 5151

District Court of Appeal of Florida | Filed: Aug 14, 1968 | Docket: 64506512

Published

the felony-murder doctrine. Florida Statutes, § 782.04, F.S.A. The indictment charged an unlawful homicide

Chatman v. State

199 So. 2d 475, 1967 Fla. LEXIS 3921

Supreme Court of Florida | Filed: May 3, 1967 | Docket: 64501103

Published

statute denouncing murder in the first degree, Section 782.04, should be set aside and held ineffective because

Cox v. State

192 So. 2d 11, 1966 Fla. App. LEXIS 4572

District Court of Appeal of Florida | Filed: Nov 15, 1966 | Docket: 64498677

Published

dollars.” Murder in the second degree is defined by § 782.04, Fla.Stat, F.S.A., as follows: “The unlawful killing

State ex rel. Glenn v. Klein

184 So. 2d 904, 1966 Fla. App. LEXIS 5762

District Court of Appeal of Florida | Filed: Mar 22, 1966 | Docket: 64496328

Published

degree murder under the Felony-Murder Statute, § 782.04, Fla.Stat., F.S.A., which provides that the unlawful

State v. Barnes

182 So. 2d 260, 1966 Fla. App. LEXIS 5874

District Court of Appeal of Florida | Filed: Jan 28, 1966 | Docket: 64495342

Published

listed in the definition of first degree murder, § 782.04, Fla.Stats., F.S.A. would be of little help to

Dallas v. State

170 So. 2d 486

District Court of Appeal of Florida | Filed: Jan 6, 1965 | Docket: 64491654

Published

the crime been committed.” As specified by Section 782.04 F.S.A., murder in the second degree is the

Blake v. State

156 So. 2d 511

Supreme Court of Florida | Filed: Sep 27, 1963 | Docket: 60215560

Published

prove premeditation, but relied on that portion of § 782.04, Florida Statutes, F.S.A.,. which defines murder

White v. State

122 So. 2d 340

District Court of Appeal of Florida | Filed: Aug 3, 1960 | Docket: 60195365

Published

the third degree is defined in Florida Statutes, § 782.04, F.S.A., as a homicide perpetrated without any

State v. Brown

118 So. 2d 574

District Court of Appeal of Florida | Filed: Feb 10, 1960 | Docket: 60194467

Published

subsequent trial of the case.” Florida Statutes, Section 782.04, F.S.A. Murder, provides: “When perpetrated

Horne v. State

116 So. 2d 654

District Court of Appeal of Florida | Filed: Dec 9, 1959 | Docket: 60193920

Published

degree which is defined in Florida Statutes, Section 782.04, F.S.A., as follows: “When perpetrated by any

Long v. State

96 So. 2d 897

Supreme Court of Florida | Filed: Sep 11, 1957 | Docket: 64489420

Published

the verdict of murder in the first degree. Section 782.04, Florida Statutes, F.S.A., defines murder in

Huntley v. State

66 So. 2d 504, 1953 Fla. LEXIS 1564

Supreme Court of Florida | Filed: Jul 21, 1953 | Docket: 64484663

Published

of human life,’ as used in the statute [F.S.A. § 782.04] denouncing murder in the second degree, was not

Grimes v. State

64 So. 2d 920, 1953 Fla. LEXIS 1255

Supreme Court of Florida | Filed: May 5, 1953 | Docket: 64484331

Published

Weightnovel case the court was confronted with Section 782.04, Florida Statutes 1951, F.S.A., the pertinent

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 782 in the context of wrongful death claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.