Antoine v. State
138 So. 3d 1064
| Fla. Dist. Ct. App. | 2014Background
- Antoine intervened in a nightclub dispute; Hammond and Thompson insulted him with racial slurs and appeared armed; Hammond punched Antoine, who then shot and killed Hammond and wounded Thompson.
- Slade, a nightclub bouncer and witness, testified; his testimony was corroborated by Harley, a security guard; Slade’s interview with police and attorney communications were central to impeachment arguments.
- Antoine testified he acted to prevent an imminent threat after being punched and taunted; his statements to police and grand jury were admitted at trial.
- The jury was instructed with Florida Standard Jury Instruction 3.6(f) tying Hammonds’s reputation for violence to Antoine’s knowledge; defense objected to knowledge requirement.
- Antoine was convicted on Count II (attempted second-degree murder with a firearm) and sentenced under 10/20/Life to 40 years with a 25-year mandatory minimum; appellate court remanded for new trial due to evidentiary and sentencing issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury instruction on victim’s violence reputation | Antoine lacked knowledge of Hammond’s violence; instruction misstated law | Jury should rely on reputation to identify aggressor, not on defendant’s knowledge | Reversible error; instruction inadequately distinguished purposes of reputation evidence. |
| Sufficiency of evidence for depraved-mind second-degree murder | Shooting after taunting and pursuit shows depraved mind | Act impulsive under fear; not a depraved mind | Evidence supports depraved-mind theory; denial of judgment of acquittal affirmed. |
| Admissibility of Slade-attorney communications for bias | Statements were hearsay and unreliable | Statements were non-hearsay, probative of bias | Admissible to show Slade’s state of mind/bias; not barred by hearsay. |
| Legality of 40-year sentence under 10/20/Life | Sentence within statutory framework | Maximum allowed under statute exceeded by additional terms | Sentence illegal; sentence remanded for new trial and proper sentencing. |
Key Cases Cited
- Poole v. State, 30 So.3d 696 (Fla. 2d DCA 2010) (impulsive overreaction limits second-degree murder scope)
- McDaniel v. State, 620 So.2d 1308 (Fla. 4th DCA 1993) (knife use without depraved mind; self-defense distinction)
- Wiley v. State, 125 So.3d 235 (Fla. 4th DCA 2013) (mandatory minimum does not cap all possible sentences if authorized by law)
- Walden v. State, 121 So.3d 660 (Fla. 4th DCA 2013) (legal sentencing under 10/20/Life when firearm used)
- Dwyer v. State, 743 So.2d 46 (Fla. 5th DCA 1999) (victim’s specific acts require defendant’s knowledge for admissibility)