Frederick v. State
93 So. 3d 445
| Fla. Dist. Ct. App. | 2012Background
- Date and place: December 3, 2007, Riviera Beach; shooting at the Walter residence.
- Frederick fired toward the porch, striking Mrs. Walter in the leg.
- Co-felon fired at Mr. Walter after the initial shot.
- Mrs. Walter was hospitalized; Warthen shielded her mother; others in yard returned fire.
- Charges: count I – attempted first-degree murder (Mrs. Walter); count II – attempted first-degree murder (co-felon’s shot at Mr. Walter); count III – shooting into a building; count IV – shooting into an occupied vehicle.
- Trial: State requested transferred-intent instruction for count I; defense did not object; jury convicted on all four counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Transferred-intent instruction for attempted murder fundamental error? | Frederick | Bell | No fundamental error; affirmed. |
Key Cases Cited
- Bell v. State, 768 So.2d 22 (Fla.1st DCA 2000) (transferred intent not applicable when only one victim; separate evaluation per victim when multiple victims)
- State v. Weaver, 957 So.2d 586 (Fla.2007) (fundamental error requires trial-theory impact on verdict)
- Brady v. State, 700 So.2d 471 (Fla.5th DCA 1997) (dicta cited on transferred intent in attempted murder)