W.L.H. v. State

COBB, Judge.

The issue in this case is whether the act of intentionally pointing an automatic pistol at another person and pulling the trigger, resulting in the victim’s death, constitutes the crime of manslaughter, even though the perpetrator believed the pistol to be unloaded and did not intend to inflict physical harm. We believe the answer is yes based upon precedent from this and other courts. See, e.g., Berry v. State, 547 So.2d 969 (Fla. 3d DCA 1989); Dellinger v. State, 495 So.2d 197 (Fla. 5th DCA 1986); Navarro v. State, 433 So.2d 1011 (Fla. 3d DCA 1983), rev. denied, 447 So.2d 887…