final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Escambia County. John L.
Thomas, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.
direct criminal appeal, Appellant-Antonio Devon
Williams-appeals his judgment of conviction and sentence for
attempted second-degree murder. In its special interrogatory
verdict, the jury found that during the offense Appellant
possessed and discharged a firearm, causing great bodily
harm. In his sole point on appeal, Appellant argues the trial
court erred in denying his motion for judgment of acquittal
because the State's evidence was legally insufficient to
prove he acted out of ill will, hatred, spite, or evil
intent. We disagree and affirm.
testimony and evidence presented by the State revealed that
Appellant and Javier Chandler had been childhood friends and,
on the day of the offense, were still neighbors. Chandler,
who was twenty-six years old at the time of the trial,
testified that Appellant, a few years' Chandler's
junior, had been like a little brother to him growing up. As
they grew older they grew apart, yet remained on speaking
terms, especially on those occasions when Appellant desired
to purchase a firearm.
22, 2016, was just such an occasion. Chandler left work
mid-afternoon to begin "calling around" to locate
the gun Appellant wanted. After making several calls, he was
successful in locating a seller and purchased a gun for
Appellant. He claimed he did not have Appellant accompany him
because he wanted to negotiate a price with the seller that
would allow him to make a small profit when he asked
Appellant for the cash. After the purchase, Appellant asked
Chandler to drive him to Walmart so that he could buy bullets
for his new "strap." According to Chandler, the two
went into Walmart, but Chandler exited the store a short time
later to finish smoking some marijuana.
they left Walmart, the conversation turned to the price of
the gun. Chandler revealed to Appellant that he had hoped to
turn a profit of $50 for negotiating the purchase. It
appeared to Chandler, however, that Appellant was trying to
back out of the deal, which frustrated Chandler because he
had taken time off from work to help Appellant locate the
they pulled into Appellant's driveway, Chandler said that
Appellant exited the car and walked in front of the vehicle,
brandishing a pistol different from the one Chandler had
procured. Chandler indicated that his driver's side door
was "cracked" and his window was down. Chandler
could not believe that Appellant would try to shoot him in
broad daylight within earshot of the neighbors. Yet,
Appellant demanded to know where his new gun was and accused
Chandler of having taken the weapon. Chandler tried to
persuade Appellant to "change his mind, " but the
next thing he knew, he "woke up" still in his car
with the door "wide open, " but across the street
from Appellant's house.
ran to his grandmother's house-which was one or two doors
down-and knocked on the door. His last memory was seeing his
grandmother, who testified that when she opened the door,
Chandler collapsed, bleeding profusely. Later, Chandler would
recall having seen Appellant standing in his driveway across
the street, watching him as he was running toward his
grandmother's house. Appellant was still holding the gun
he had just used to shoot Chandler. Chandler's
grandmother also saw Appellant watching from across the
street while holding something that looked like "a
stick." She later learned it was a gun.
Jimmie Tatum with the Escambia County Sheriff's Office
responded to the shooting. He was directed to Appellant's
house and spoke to Appellant's mother. Appellant was not
present and his mother did not know where he was, but she
permitted Investigator Tatum-and the deputies who had
accompanied him-to conduct a protective sweep of her home.
From the number of firearms and ammunition he observed in
plain view in Appellant's bedroom, Investigator Tatum was
able to obtain a search warrant for the house, as well as one
for Chandler's car. No weapons or contraband were found
in the car. After a be-on-the-lookout ("BOLO") for
Appellant was dispatched and he was featured on the news and
on "social media, " Appellant turned himself in to
the sheriff's office. There, he was interviewed by
Investigator Tatum, and the recorded interview was played for
the jury during the State's case-in-chief.
the interview, Appellant's version of events proved to
differ somewhat from Chandler's subsequent statement to
Investigator Tatum and his trial testimony. Appellant's
story included his active participation in the purchase of
the gun from the seller. He admitted to Investigator Tatum
that when he left to buy the gun with Chandler, he armed
himself with another gun "to make sure . . . nothing
happened or anything." He then set off with ...