Juarez v. State

SHARP, W., J.,

dissenting.

In my view, in this unusual case, I think the trial court erred in not granting the defendant’s (Mrs. Juarez’) motion for judgment of acquittal. She was charged with throwing a deadly missile through a garage window, which belonged to her ex-husband. She knew the garage was not occupied at the time and Juarez explained she threw the object (a concrete sprinkler-head protector) out of frustration over her loss of custody of her children and lack of visitation rights. She testified she did not want to damage anything except the window pane and that she knew her actions…