Legal Opinion

Garcia v. State

District Court of Appeal of Florida

Decided August 11, 2010No. 4D08-3654PublishedCited by 2 opinions

1Opinion of the CourtGerber, J.

The defendant argues that the trial court should have granted his motion for judgment of acquittal as to the charge of first degree murder. Specifically, he contends that the state presented insufficient evidence of premeditation. We disagree and affirm.

We present the evidence in the light most favorable to the state. Pagan v. State, 830 So.2d 792, 803 (Fla.2002). The victim’s daughter Cristina testified that the defendant and the victim began a relationship several months before the murder. The victim also was in a relationship with the man who owned the trailer in which she lived. The…

2Cases cited9 opinions

  1. Pagan v. StateSupreme Court of Florida · 2002
  2. Tedder v. StateSupreme Court of Florida · 1975
  3. Pearce v. StateSupreme Court of Florida · 2004
  4. Walker v. StateSupreme Court of Florida · 2007
  5. Griggs v. StateDistrict Court of Appeal of Florida · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Carl Vaugly Auguste v. State of FloridaDistrict Court of Appeal of Florida · 2026
  2. Joseph William Hamilton v. State of FloridaDistrict Court of Appeal of Florida · 2024

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API