Rodriguez v. StateRodriguez v. State
- Reporters:
- ,
- Before:
- Cope, Green, Ramirez
COPE, J.
After careful consideration of the motion for rehearing, we adhere to our original opinion in the case.
The Florida Supreme Court has already decided how to interpret
The defendant argues that if the forcible felony statute is interpreted this way, then that would allow someone to use deadly force to prevent such crimes as burglary of an unoccupied structure or burglary of an unoccupied conveyance. The defendant reasons that such an eventuality is possible because the statute on justifiable use of force allows deadly force to be employed, in some circumstances, to prevent the commission of a forcible felony. See
The Falco decision demonstrates the incorrectness of the defendant‘s argument. Falco was a homeowner who had been burglarized several times. He set a spring gun aimed at the point the burglar had been using for entry. While Falco was gone, the burglar came in and was fatally shot. Falco argued, among other things, that under the statute on justifiable use of force,
The Florida Supreme Court rejected the defendant‘s argument—but not by modifying the definition of forcible felony to exclude burglary of an unoccupied structure. The correct analysis is found instead in the statute on justifiable use of force. As quoted in Falco:
Section 776.012..., entitled “Use of force in defense of person“, and regarding use of deadly force provides in pertinent part:
However, he is justified in the use of deadly force only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony.
407 So.2d at 205 (emphasis added).
The logic of Falco is that in order to use deadly force, there must be a reasonable belief that the use of deadly force is necessary to prevent the forcible felony of burglary. As the Falco decision demonstrates, the use of such force cannot be reasonably necessary where the structure is unoccupied.
Thus, the Falco decision establishes that burglary is a forcible felony as enumerated in
Finally, we note in passing that the decision in Perkins v. State, 576 So.2d 1310, 1313 (Fla.1991), also mandates rejection of the defendant‘s argument. The final clause of
It would be illogical to apply Perkins to the listed forcible felonies. This would mean that the statutory elements of each listed forcible felony would be reviewed to see if each listed felony contained statutory elements involving the use or threat of physical force or violence. But if that
The motion for rehearing is denied.