Penny v. State of Florida

Summary

The Florida Second District Court of Appeal reversed Jaquone R. Penny's convictions and sentences for attempted second-degree murder and aggravated battery with a deadly weapon. The court held that the State presented insufficient evidence that Penny had the conscious intent required to be convicted as a principal, and remanded the case for discharge.

Holdings

1. The State failed to present evidence of either element necessary to convict Penny as a principal: a conscious intent that the crimes be committed and an overt act or words intended to incite, cause, encourage, assist, or advise another person to commit the crimes. The trial court therefore erred in denying the motion for judgment of acquittal.
2. The evidence was insufficient to permit a rational trier of fact to find beyond a reasonable doubt that Penny possessed the requisite intent or satisfied the requirements for principal liability.

Questions Presented

1. Whether the trial court erred by denying Penny's motion for judgment of acquittal when the State failed to present evidence that he had the conscious intent required for principal liability.
2. Whether the State presented sufficient evidence of the overt act or words required to convict Penny as a principal.

Disposition

reversed_and_remanded