Mueller v. State
100 So. 3d 47
| Fla. Dist. Ct. App. | 2011Background
- Mueller, while seeking drugs, engaged in three violent acts in Tarpon Springs.
- He shot at a drug dealer, later fired at a debtor's home, and struck another person with an object.
- The State charged Mueller with attempted first-degree murder, aggravated battery with a deadly weapon, and discharging a firearm in public.
- Jury verdicts: attempted second-degree murder, aggravated battery with a deadly weapon, and discharging a firearm in public.
- Mueller appealed on four trial-court error theories and the court affirmed in part, reversed in part, and remanded for retrial on count one.
- The court certified conflict with a Fourth District opinion on related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of attempted murder count | Mueller argues severance should have been granted. | State defends denial of severance as proper under trial rules. | No error in denying severance. |
| Reading of the prior battery stipulation | Stipulation about prior battery conviction was improper. | Stipulation properly read to the jury. | No error in reading the stipulation. |
| Sufficiency of evidence for aggravated battery with a deadly weapon | Evidence supports aggravated battery with a deadly weapon. | Jury interrogatory questions firearm possession; sufficiency should be scrutinized. | Sufficient evidence to convict as charged. |
| Fundamental error in attempted voluntary manslaughter instruction | Instruction was proper under prior standards. | Instruction is flawed following Montgomery/Houston. | Fundamental error; reverse for retrial on attempted second-degree murder; remanded. |
Key Cases Cited
- Montgomery v. State, 39 So.3d 252 (Fla. 2010) (fatal flaw in standard manslaughter instruction; Montgomery adopted)
- Houston v. State, 87 So.3d 1 (Fla. 2d DCA 2011) (applied Montgomery reasoning to attempted voluntary manslaughter)
- Taylor v. State, 444 So.2d 931 (Fla. 1983) (argued lack of same flaw in attempted manslaughter instruction)
- Bass v. State, 45 So.3d 970 (Fla. 3d DCA 2010) (reviewing attempted voluntary manslaughter instruction)
- Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010) (distinguishable facts due to negligence-based option)