Burrows v. State
62 So. 3d 1258
| Fla. Dist. Ct. App. | 2011Background
- Burrows appeals after convictions for attempted second-degree murder of Lisa Bynum and child abuse of J.E.
- Defendant was charged with attempted first-degree murder (Count 1) and child abuse (Count 2).
- Trial included jury instructions for attempted first-degree murder, attempted second-degree murder, and attempted voluntary manslaughter; the latter two were lesser-included offenses.
- J.E. witnessed the attack on his mother; Bynum was repeatedly stabbed after being punched by Burrows.
- The trial court denied defense motion for acquittal on the child abuse charge and gave the manslaughter-in-act instruction over objection.
- The court ultimately convicted Burrows of attempted second-degree murder and child abuse; Burrows appeals on the jury instruction and sufficiency of evidence for mental-injury element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the attempted manslaughter by act instruction fundamental error for lacking requisite intent? | Burrows argues the instruction improperly required intent to kill. | State maintains no fundamental error; instruction valid. | Conviction reversed for attempted second-degree murder; remanded for new trial on that charge. |
| Did the State prove the mental-injury element of child abuse or is proof of potential mental injury sufficient? | Burrows contends no actual mental injury evidence, so acquittal should have been granted. | State needed only that act could reasonably be expected to cause mental injury, not actual injury. | Evidence that J.E. witnessed the assault satisfied the mental-injury standard; judgment of acquittal affirmed to be denied. |
| Does the jury instruction on attempted second-degree murder contaminate the trial? | Error in directing a need to prove an act intended to cause death. | Instruction consistent with law; not reversible error. | Partial reversal: remanded for new trial on attempted second-degree murder. |
Key Cases Cited
- Bass v. State, 45 So.3d 970 (Fla. 3d DCA 2010) (relevant to fundamental error in manslaughter-by-act instruction)
- Coiscou v. State, 43 So.3d 123 (Fla. 3d DCA 2010) (confirms error in manslaughter instruction as fundamental error)
- Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010) (conflicts with Bass/Coiscou on instructional error)
- Zerbe v. State, 944 So.2d 1189 (Fla. 4th DCA 2006) (state of mental-injury requirement for child abuse (b) includes potential injury)
- Clines v. State, 765 So.2d 947 (Fla. 5th DCA 2000) (statutory expansion to include acts that could reasonably cause injury)
- Baker v. State, 980 So.2d 616 (Fla. 4th DCA 2008) (evidence of witnessed acts can support mental-injury finding in child abuse case)
- DuFresne v. State, 826 So.2d 272 (Fla.2002) (definition of mental injury in related statute context)