Summary
The Florida District Court of Appeal, First District, affirmed Buenoano’s convictions for first-degree murder and first-degree grand theft. The court held that substantial circumstantial evidence, including conflicting statements, physical evidence, and an insurance-motivated theory, supported the jury’s finding that Buenoano drowned her son and that the evidence was sufficient to reject an accidental-drowning hypothesis.
Holdings
- The evidence was sufficient to support the jury's finding that Michael did not die from an accidental canoe capsizing and to sustain Buenoano's first-degree murder conviction.
- The remaining issues raised by Buenoano did not establish reversible error.
Questions Presented
- Whether the State presented sufficient evidence that Michael's death resulted from the criminal agency of another rather than an accidental drowning.
- Whether sufficient circumstantial evidence supported Buenoano's conviction for first-degree murder.
- Whether any of Buenoano's other appellate claims required reversal.
Disposition
affirmed
Cases Cited (9)
- McArthur v. State, 351 So. 2d 972, 976 n. 12 (Fla. 1977)(followed)
- Heiney v. State, 447 So. 2d 210, 212 (Fla. 1984), cert. denied, ___ U.S. ___, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984)(followed)
- Drake v. State, 476 So. 2d 210 (Fla. 2d DCA 1985)(followed)
- Bradford v. State, 460 So. 2d 926, 931 (Fla. 2d DCA 1984)(distinguished)
- Sellers v. State, 212 So. 2d 659 (Fla. 3d DCA 1968)(followed)
- Land v. Patroni, 214 So. 2d 94 (Fla. 1st DCA 1968)(followed)
- 3 Fla. Jur. 2d Appellate Review § 344(followed)
- Warren v. State, 475 So. 2d 1027 (Fla. 1st DCA 1985)(followed)
- Rose v. State, 425 So. 2d 521, 523 (Fla. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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