Opinion
No. 91-1977.
July 28, 1992.
An Appeal from the Circuit Court for Dade County; Thomas M. Carney, Judge.
S.L. Gaer, Miami, and Diana Cuervo, Highland Beach, for appellant.
Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.
Before FERGUSON, JORGENSON and LEVY, JJ.
Affirmed. Asay v. State, 580 So.2d 610 (Fla.) (whether premeditation was formed prior to killing is question of fact that may be established by circumstantial evidence), cert. denied, ___ U.S. ___, 112 S.Ct. 265, 116 L.Ed.2d 218 (1991). See also Dino v. State, 405 So.2d 213 (Fla. 3d DCA 1981) (intent to kill does not have to be contemplated for any particular length of time and may occur moment before act), rev. denied, 413 So.2d 875 (Fla. 1982).