Legal Opinion

Filomeno v. State

District Court of Appeal of Florida

Decided June 2, 2006No. 5D05-704PublishedCited by 6 opinions

1Opinion of the CourtOrfinger, J.

ON MOTIONS FOR REHEARING

We grant the motions for rehearing, withdraw our previous opinion dated March 24, 2006, and substitute the following in its place.

Eduardo I. Filomeno appeals his convictions of second degree murder with a firearm 1 and shooting into an occupied vehicle.2 While none of the claimed errors *822merit reversal, one deserves discussion.

At trial, Filomeno admitted shooting the victim, Sergio Watson, but claimed that he acted in self-defense. The police found five bullet holes in Watson’s car. Apparently, one of the bullets ricocheted into the car, piercing Watson’s lungs and…

2Cases cited6 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Ray v. StateSupreme Court of Florida · 2000
  3. Chestnut v. StateSupreme Court of Florida · 1989
  4. Jones v. StateSupreme Court of Florida · 1999
  5. State v. MizellDistrict Court of Appeal of Florida · 2000

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3Cited by6 opinions

  1. Dowe v. StateDistrict Court of Appeal of Florida · 2010
  2. MICHAEL PERRY v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. Erna McFadden v. State of FloridaDistrict Court of Appeal of Florida · 2019
  4. Coffer v. Secretary, Department of Corrections (Polk County)District Court, M.D. Florida · 2025
  5. Juan Javier Oquendo v. State of FloridaSupreme Court of Florida · 2025

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