BONILLA v. STATE

No. 3D07-2476.

19 So.3d 431 (2009)

Rodrigo BONILLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 23, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Natalia Costea, Assistant Attorney General, for appellee.

Before GERSTEN and CORTIÑAS, and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Rejecting the appellant's primary position on appeal, we conclude — notwithstanding the very sketchy nature of the record as to the surrounding circumstances — that the singular fact that the defendant drove a butcher knife five and three-quarter inches into the victim's chest, reaching his heart and causing his death, was itself sufficient to establish the "depraved mind" element of second degree murder, of which Bonilla was...

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