Sheridan Landell Veney v. State of Florida
16-1294
| Fla. Dist. Ct. App. | May 10, 2017Background
- Sheridan and Lisa Veney separated after 20+ years of marriage but remained on friendly terms for a time.
- At a restaurant (Applebee’s), following an insult by Lisa, Sheridan retrieved a loaded gun from his pocket and shot her five times outside the restaurant.
- Sheridan admitted killing Lisa but claimed the shooting was unplanned and occurred in a momentary loss of control; defense sought a manslaughter verdict.
- The jury convicted Sheridan of first-degree (premeditated) murder; he was sentenced to life imprisonment.
- On appeal Sheridan challenged only the sufficiency of the evidence of premeditation and requested reduction to second-degree murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove premeditation for first-degree murder | Veney (appellant) argued the killing was impulsive, no time to form premeditation | State argued circumstantial evidence (gun in pocket, threat to reach in pocket, following victim, pauses between shots, suicide plan statements) supported premeditation | Court affirmed: circumstantial evidence was sufficient; premeditation can form in a moment and was proven beyond a reasonable doubt |
Key Cases Cited
- DeAngelo v. State, 616 So. 2d 440 (Fla. 1993) (premeditation may form in a moment; requires consciousness of act and probable result)
- Asay v. State, 580 So. 2d 610 (Fla. 1991) (same principle on momentary premeditation)
- Pagan v. State, 830 So. 2d 792 (Fla. 2002) (standard of review for sufficiency; view evidence in light most favorable to the State)
- Hutchinson v. State, 882 So. 2d 943 (Fla. 2004) (circumstantial evidence can establish premeditation; facts like weapon use and reloads relevant)
- Floyd v. State, 850 So. 2d 383 (Fla. 2002) (threats, bringing a gun, and prolonged argument before shooting support premeditation)
