Ballard v. State, 447 So. 2d 1040

LEHAN, Judge.

Defendant appeals from his conviction for shooting into an occupied dwelling in violation of section 790.19, Florida Statutes (1981), contending that the trial court erred in denying his motion to dismiss the charge. We affirm.

In denying the motion to dismiss, the trial court disagreed with Golden v. State, 120 So.2d 651 (Fla. 1st DCA 1960). We agree with the trial court that on a motion to dismiss the element of wantonly shooting at or into a building is not negated by the pleaded facts that defendant fired at a man who was in front of the building. “Wantonly” does not require that the building be the target.

AFFIRMED.

OTT, C.J., and SCHOONOVER, J., concur.

Case Details

Case Name: Ballard v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 6, 1984

Citations: 447 So. 2d 1040; 83-46

Docket Number: 83-46

Court Abbreviation: Fla. Dist. Ct. App.