Legal Opinion · Concurrence

Lumsdon v. State

District Court of Appeal of Florida

Decided December 14, 2016No. 3D07-2324Published

1ConcurrenceWells, Judge

I agree with the majority’s decision to affirm Willie Lumsdon’s conviction and sentence for throwing a deadly missile and to reverse his conviction and sentence for second degree murder, but do so for the following reasons.

This case arises from a shooting death that occurred near or on a crowded off-ramp of 1-95, where two groups of young men travelling in separate vehicles engaged in verbal repartee and tossed items between cars following which Lumsdon admittedly fired off a shot killing one of the occupants in the other car. See Lumsdon v. State, 29 So.3d 390, 392 (Fla. 3d DCA 2010),…

2Cases cited7 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. State v. MontgomerySupreme Court of Florida · 2010
  3. Montgomery v. StateDistrict Court of Appeal of Florida · 2009
  4. Haygood v. StateSupreme Court of Florida · 2013
  5. Williams v. StateSupreme Court of Florida · 2013

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