Tharod Bell v. State, 152 So. 3d 714

On Nov. 2008, four masked men entered a Delray Beach Dunkin Donuts, forced patrons onto the floor, and one assailant shot three people in the face; all survived with severe injuries.
Evidence recovered from a townhome included victims’ credit cards and yellow shotgun shells matching those at the scene; occupants identified Bell as present and observed a shotgun taken from under a couch.
Bell was stopped attempting to board a cruise the day after the search; he gave a recorded statement claiming he joined under threat and that the shooter said, “this time I’m going after lives, I’m claiming bodies.”
Bell was charged with attempted first‑degree murder (three counts), robbery with a firearm, aggravated assault with a firearm, and related offenses; tried as a principal.
The trial court instructed the jury on both attempted premeditated murder and attempted felony murder; the jury convicted Bell of two counts of attempted first‑degree murder and multiple robbery/assault/false imprisonment counts.
Bell appealed, arguing the felony‑murder instruction was improper (not charged) and that the denial of his judgment of acquittal on attempted first‑degree murder was erroneous; the Fourth DCA affirmed.

Issue	Bell's Argument	State's Argument	Held
Whether the trial court erred by instructing the jury on attempted felony murder when the information mentioned only premeditation	Instruction was improper because the information charged premeditated murder and did not expressly charge felony murder	Charging premeditated murder permits prosecution under alternative theories, including felony murder	No error; instruction permissible under controlling precedent
Whether the trial court erred in denying Bell’s motion for judgment of acquittal on attempted first‑degree murder counts	Insufficient evidence of intent for attempted premeditated murder or knowledge of shooter’s intent	Bell’s confession, participation, and the shooter’s statements supplied direct evidence of intent or knowledge; jury could infer intent	Denial affirmed; sufficient evidence for both attempted felony murder and attempted premeditated murder

Parker v. State, 904 So. 2d 370 (Fla. 2005) (charging premeditated murder allows alternative prosecution under felony murder)
Kearse v. State, 662 So. 2d 677 (Fla. 1995) (same principle permitting felony murder as alternative theory)
Stanley v. State, 57 So. 3d 944 (Fla. 4th DCA 2011) (recognizing Parker/Kearse principle on alternative murder theories)
Dempsey v. State, 72 So. 3d 258 (Fla. 4th DCA 2011) (applies alternative‑theory principle to attempted murder counts)
Krause v. State, 98 So. 3d 71 (Fla. 4th DCA 2012) (standard of review for jury instructions is abuse of discretion, constrained by law)
Lewis v. State, 22 So. 3d 753 (Fla. 4th DCA 2009) (sufficient inference of intent where defendant heard co‑defendant’s statements and knew of weapons)
Pagan v. State, 830 So. 2d 792 (Fla. 2002) (de novo review applies to motions for judgment of acquittal)
Meyers v. State, 704 So. 2d 1368 (Fla. 1997) (confessions constitute direct evidence)
Lynch v. State, 293 So. 2d 44 (Fla. 1974) (standard for denying judgment of acquittal; submit case to jury when reasonable differences of view exist)
Messer v. State, 757 So. 2d 526 (Fla. 4th DCA 2000) (state may prove intent by showing defendant knew perpetrator’s intent)
State v. Blanton, 821 So. 2d 440 (Fla. 5th DCA 2002) (discusses accomplice liability where one contains victims while another shoots)