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 Duval County. James Daniel,
Thomas, Public Defender, and Nada M. Carey, Assistant Public
Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, and Samuel B. Steinberg,
Assistant Attorney General, Tallahassee, for Appellee.
Alfred Jacobson appeals his conviction for second-degree
murder, arguing that the trial court should have granted his
motion for judgment of acquittal. Jacobson contends that the
State failed to prove that he acted with ill will, hatred,
spite, or evil intent and that the shooting of the victim was
an accident. We affirm.
murder victim, Bryan Edwards, lived across the street from
Jacobson and his girlfriend, Rebecca Brantley. Jacobson and
Brantley frequently purchased marijuana from Edwards, who
grew marijuana plants in his home. But after Jacobson failed
to pay for marijuana on several occasions, Edwards refused to
sell to him again until he paid the $250 he owed Edwards.
was in dire financial straits. He and Brantley lived with
Brantley's grandmother. Both were unemployed and owed the
grandmother $1, 200 in unpaid rent. They had also been
threatened with eviction.
day of the murder, Jacobson told his friend, Joey Waters,
that he was preparing for an armed robbery in a couple of
hours. Jacobson told Waters that he was going to do "a
lick" (slang for robbery), invited Waters to participate
in the robbery, and also asked Waters for a
"burner" (slang for an untraceable gun). Waters
told Jacobson that he could not provide a gun.
that day, Jacobson and Brantley were at the home of
Brantley's brother and girlfriend, where they were using
marijuana. When they ran out of drugs, Jacobson told the
others he would approach Edwards and try to sell him a
sawed-off shotgun in exchange for money or more marijuana.
Jacobson left to see Edwards at his home. Shortly after
Jacobson arrived, Edwards was shot in the face at close range
with the sawed-off shotgun Jacobson had brought with him. But
after Edwards was wounded, Jacobson did not call 911 or seek
any assistance to aid Edwards. Instead, Jacobson ransacked
Edwards's home, taking marijuana, a pistol, a gold chain,
and a camera belonging to Edwards.
then returned to the home of Brantley's brother and his
girlfriend. Jacobson, Brantley, and the others smoked the
marijuana Jacobson had stolen from Edwards. Jacobson
confessed to Brantley that he had killed Edwards or at least
gravely injured him. Jacobson told Brantley that he intended
to sell the shotgun to Edwards, but when Jacobson pulled the
shotgun from the bag, the shotgun went off because the hammer
was already cocked. Then Jacobson threatened to kill
Brantley, saying he "might as well do you, too. At least
I know I'll get away with it." Brantley said
Jacobson started laughing and said it was a joke.
next day Jacobson took Brantley to a pawn shop where Brantley
pawned the gold chain and camera Jacobson had stolen from
Edwards's home. Later, after Jacobson and Brantley had
been charged and were in custody in the medical wing of the
jail, Jacobson attempted to intimidate Brantley a second
time, mouthing to her that "You're fucking
appropriate standard of review on a motion for judgment of
acquittal is the de novo standard. Dunn v. State,
206 So.3d 802, 804 (Fla. 1st DCA 2016). If the State presents
competent evidence to establish every element of the crime,
then judgment of acquittal is improper. State v.
Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003). When
reviewing a court's ruling on a motion for judgment of
acquittal, the evidence ...