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Sierra v. State

District Court of Appeal of Florida, Third District
Apr 19, 1983
429 So. 2d 832 (Fla. Dist. Ct. App. 1983)

Summary

holding that both general statements that the defendant would kill anyone followed by a separate statement that he would kill his wife were relevant to establish premeditation

Summary of this case from Jones v. State

Opinion

No. 81-2366.

April 19, 1983.

Appeal from the Circuit Court, Dade County, Gerald Kogan, J.

Bennett H. Brummer, Public Defender, and Claudia B. Greenberg, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


Testimony that appellant had stated several days before killing his wife that,

I'm an assassin, and I would kill anyone and I would do this when I go back to Cuba,

and on another occasion, three days before the stabbing, was heard to say,

Yes, you wait and see in the newspapers you're going to hear that I killed my wife and I killed myself,

was relevant and admissible declarations tending to establish premeditation, an essential element to first-degree murder as charged. Statements of an accused expressing an intent to kill, followed not too remotely by the act of killing, may be evidence of premeditation. See Way v. State, 418 So.2d 1227 (Fla. 3d DCA 1982); Dino v. State, 405 So.2d 213 (Fla. 3d DCA 1981).

Because there is sufficient record evidence of premeditation to support the jury verdict, the conviction and sentence for first-degree murder will not be disturbed. Sireci v. State, 399 So.2d 964 (Fla. 1981).

Affirmed.


Summaries of

Sierra v. State

District Court of Appeal of Florida, Third District
Apr 19, 1983
429 So. 2d 832 (Fla. Dist. Ct. App. 1983)

holding that both general statements that the defendant would kill anyone followed by a separate statement that he would kill his wife were relevant to establish premeditation

Summary of this case from Jones v. State

In Sierra, the third district found both a general statement that the defendant would kill anyone and a separate statement that he would kill his wife relevant for establishing premeditation.

Summary of this case from Dixon v. State
Case details for

Sierra v. State

Case Details

Full title:ARMANDO SIERRA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 19, 1983

Citations

429 So. 2d 832 (Fla. Dist. Ct. App. 1983)

Citing Cases

Dixon v. State

"Statements of an accused expressing an intent to kill, followed not too remotely by the act of killing, may…

Jones v. State

This court agreed, holding that "[statements of an accused expressing an intent to kill, followed not too…