Sheridan Landell Veney v. State of Florida
217 So. 3d 1189
| Fla. Dist. Ct. App. | 2017Background
- Sheridan Veney and his wife Lisa Marie separated after 20+ years of marriage but interacted socially afterward.
- After a brief encounter at a mall, an interaction at a restaurant led to Lisa insulting Sheridan; he then followed her outside and shot her five times, killing her.
- Sheridan admitted the shooting but claimed it was unplanned and the result of an immediate loss of control; his counsel argued for manslaughter.
- The jury convicted Sheridan of first-degree murder, finding premeditation; he received a life sentence.
- On appeal, Sheridan challenged only the sufficiency of the evidence of premeditation, asking for reduction to second-degree murder.
- The district court reviewed the denial of the judgment of acquittal de novo and considered circumstantial evidence the jury relied on.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove premeditation for first-degree murder | State: circumstantial evidence (weapon possession, statements, pursuit, pauses between shots) supported premeditation | Veney: the killing was instantaneous, unplanned, an impulsive overreaction (manslaughter) | Affirmed conviction for first-degree murder; evidence supported premeditation |
Key Cases Cited
- Pagan v. State, 830 So. 2d 792 (2002) (standard of review for motion for judgment of acquittal)
- DeAngelo v. State, 616 So. 2d 440 (1993) (premeditation can form in a moment; requires consciousness of act and probable result)
- Asay v. State, 580 So. 2d 610 (1991) (premeditation instruction and related standards)
- Hutchinson v. State, 882 So. 2d 943 (2004) (circumstantial factors can establish premeditation)
- Deparvine v. State, 995 So. 2d 351 (2008) (noted as abrogating some aspects of other precedents on different grounds)
- Floyd v. State, 850 So. 2d 383 (2002) (threats, preparation, and prolonged argument support premeditation finding)
- Fennell v. State, 959 So. 2d 810 (2007) (weapon use and prior threats can support premeditation)
