Kyree Luis Perez v. State of Florida
187 So. 3d 1279
| Fla. Dist. Ct. App. | 2016Background
- Perez was convicted of attempted second-degree murder for shooting Coley in the abdomen after an argument escalated to a threat of physical fight.
- The defense challenged the verdict, contending the evidence showed only an impulsive overreaction rather than depraved mind or ill will.
- The shooting occurred after Coley approached with a challenge to fight; Perez pulled a gun and fired from close range.
- The injury involved an artery, lung, and spine; Coley was paralyzed temporarily and remained under medical care about seven months later.
- The trial court denied a motion for judgment of acquittal; the appellate standard is de novo review of the denial based on competent substantial evidence.
- The court held that the evidence could support a finding of ill will, hatred, spite, or evil intent, not merely an impulsive reaction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports depraved mind conviction | Perez argues evidence shows only impulsive overreaction. | Coley contends the evidence demonstrates malice or ill will justifying attempted second-degree murder. | Evidence legally sufficient to support depraved mind/ill will |
| Standard of review for acquittal denial | Appellant relies on de novo review for sufficiency. | State contends standard as applied supports denial of motion. | De novo review confirms sufficiency; denial upheld |
Key Cases Cited
- Poole v. State, 30 So. 3d 696 (Fla. 2d DCA 2010) (ill will evidence required beyond impulsive overreaction)
- Rasley v. State, 878 So. 2d 473 (Fla. 1st DCA 2004) (affirming conviction where defendant acted with anger after being defied)
- Antoine v. State, 138 So. 3d 1064 (Fla. 4th DCA 2014) (distinguishes impulsive overreaction cases from street-justice scenarios)
- Dorsey v. State, 74 So. 3d 521 (Fla. 4th DCA 2011) (imperfect self-defense context considered in depraved mind analysis)
- Jones v. State, 790 So. 2d 1194 (Fla. 1st DCA 2001) (standard for reviewing denial of judgment of acquittal)
- Hobart v. State, 175 So. 3d 191 (Fla. 2015) (clarifies comparable factors in determining sufficiency of evidence)
- Light v. State, 841 So. 2d 623 (Fla. 2d DCA 2003) (ill will elements inferred from circumstances)
- Williams v. State, 239 So. 2d 127 (Fla. 4th DCA 1970) (concepts of depraved mind in murder cases)