Wiley v. State
60 So. 3d 588
| Fla. Dist. Ct. App. | 2011Background
- Wiley appeals a conviction for second-degree and third-degree murder and requests resentencing on third-degree murder after a jury trial.
- Wiley was charged with five counts: counts I and II for murder of Dwight Starks, counts III and IV for aggravated battery/assault with a firearm, and count V possession of a firearm by a felon.
- On January 11, 2008, Wiley learned of a domestic dispute involving his sister CC Mosely and Aaron Stoudemire, and Wiley confronted Stoudemire with a gun at CC’s house, resulting in Starks’s death.
- Three eyewitnesses testified: Wiley, Stoudemire, and Christie; testimony varied as to whether Wiley hit Stoudemire with the gun or the gun discharged during a scuffle.
- Wiley, in an interview, claimed the gun fell during a struggle, he retrieved it, and it discharged; he turned himself in after learning of Starks’s death.
- The trial court denied Wiley’s motion for judgment of acquittal; Wiley was convicted on all counts and sentenced to life on count I; no sentence on count II.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether second-degree murder support exists | Wiley argues the State failed to negate an accidental death and lack of depraved mind. | State contends evidence shows depraved mind or similarly culpable conduct. | Second-degree murder vacated; insufficiency to prove depraved mind. |
| Whether third-degree murder is supported | Wiley acknowledges aggravated battery causing death can be third-degree murder, but argues insufficient proof of malice. | State asserts evidence supports third-degree murder via death resulting from aggravated battery. | Third-degree murder affirmed; remand for resentencing on third-degree conviction. |
Key Cases Cited
- Bellamy v. State, 977 So.2d 682 (Fla. 2d DCA 2008) (defines depraved mind and ill will in second-degree murder analysis)
- Michelson v. State, 805 So.2d 983 (Fla. 4th DCA 2001) (constitutional requirement to prove guilt beyond a reasonable doubt)
- Gibbs v. State, 904 So.2d 432 (Fla. 4th DCA 2005) (pointing a loaded gun and firing can satisfy imminent danger and depraved mindward)
- Light v. State, 841 So.2d 623 (Fla. 2d DCA 2003) (extremely reckless behavior not sufficient to infer malice)
- Sheridan v. State, 799 So.2d 223 (Fla. 2d DCA 2001) (third-degree murder when aggravated battery results in death)
- Johnston v. State, 863 So.2d 271 (Fla. 2003) (standard of review on motion for judgment of acquittal; de novo)