Borner v. State of Florida
2023-2903
Fla. Dist. Ct. App.
Aug 28, 2024
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Opinion Summary

Facts

  1. Vicente Ernesto Lopez was charged in 2007 with attempted murder related to a gang-related drive-by shooting that injured Jason C. and involved three other individuals. [lines="27-30"]
  2. Lopez was found guilty on multiple counts, and the jury concluded the attempted murders were premeditated and committed for the benefit of a criminal street gang. [lines="137-140"]
  3. In 2022, Lopez petitioned for relief under Penal Code section 1172.6 to have his convictions vacated. [lines="32-33"]
  4. The trial court held an evidentiary hearing and determined that Lopez was a direct aider and abettor to the attempted murders, applying a kill-zone theory to counts involving the three individuals. [lines="35-39"]
  5. Lopez's testimony during the hearing disputed any knowledge of gang involvement or intent to assist in the shooting. [lines="157-165"]

Issues

  1. Whether the trial court erred in concluding that Lopez aided and abetted the attempted murder of Jason C. [lines="40-41"]
  2. Whether Lopez could be found liable for the attempted murders of the other three individuals under the kill-zone theory. [lines="46-47"]

Holdings

  1. The evidence sufficiently supported the court’s findings regarding Lopez's intent and knowledge in relation to Jason C.'s attempted murder. [lines="261-262"]
  2. The court’s ruling was reversed regarding the attempted murders of the other three individuals, as the kill-zone theory did not apply due to insufficient evidence that Lopez intended to create a kill zone. [lines="462-464"]

OPINION

*1 F IRST D ISTRICT C OURT OF A PPEAL S TATE OF F LORIDA _____________________________ No. 1D2023-2903 _____________________________ R AMON T YSHEEN B ORNER ,

Petitioner,

v.

S TATE OF F LORIDA ,

Respondent.

_____________________________

Petition for Writ of Habeas Corpus—Original Jurisdiction.

August 28, 2024

P ER C URIAM .

D ISMISSED . See Baker v. State , 878 So. 2d 1236 (Fla. 2004). R OWE , K ELSEY , and L ONG , JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________

Ramon Tysheen Borner, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.