RENO v. STATE

No. 1D12-3163.

121 So.3d 1174 (2013)

William Edward RENO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 23, 2013.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Angela R. Hensel, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We reverse Appellant's conviction for attempted second-degree murder because the evidence presented at trial was legally insufficient to establish the "depraved mind" element of that offense. See § 782.04(2), Fla. Stat. (2011) (defining second-degree murder). Of the two lesser-included offenses on which the jury was instructed, the evidence and the jury's verdict were sufficient to establish only improper exhibition of a firearm. Under the...

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