Mayque Gomez Marin v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed Mayque Gomez Marin’s convictions for manslaughter with a firearm and attempted second-degree murder with a firearm causing great bodily harm. The court held that the trial court’s failure to define “depraved mind” and omission of a heat-of-passion instruction did not constitute fundamental error. The court reversed the $15,000 legal services fee because it was imposed without an adequate factual basis, notice, or an opportunity for an evidentiary hearing, and remanded for further proceedings.

Holdings

1. The omission did not constitute fundamental error because the term was not required to be separately defined absent a request or objection, and the jury instructions considered as a whole adequately guided the jury.
2. The omission did not constitute fundamental error because the omitted instruction concerned a defense rather than an essential element of the charged offense, and an objection was required to preserve the issue.
3. The trial court erred by imposing a $15,000 legal services fee without sufficient proof of fees or costs incurred, a factual basis, adequate notice, and an opportunity for Gomez Marin to contest the fee.

Questions Presented

1. Whether the trial court committed fundamental error by failing to define depraved mind in the attempted second-degree-murder instruction.
2. Whether the trial court committed fundamental error by omitting the heat-of-passion and provocation defense instruction.
3. Whether the trial court lawfully imposed a $15,000 legal services fee without a factual showing of higher fees, notice of the right to contest the fee, or an evidentiary hearing.

Disposition

reversed_and_remanded