Devonte Rashad Baker v. State of Florida

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

DEVONTE RASHAD BAKER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-3062

STATE OF FLORIDA,

Appellee. _____________________________/ Opinion filed October 7, 2016.

An appeal from the Circuit Court for Duval County. Marianne L. Aho, Judge.

Nancy A. Daniels, Public Defender, and W.C. McLain, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Michael Schaub, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. See Larsen v. State, 485 So. 2d 1372, 1373 (Fla. 1st DCA 1986) (“The grade or degree of a homicide, and the intent with which a homicidal *2 act was committed are questions of fact dependent upon the circumstances of the case, and are typically for resolution by a jury.”), aff’d, 492 So. 2d 1333 (Fla. 1986). LEWIS, BILBREY, and WINOKUR, JJ., CONCUR.