The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 790.19 & 784.021(1)(a), Fla. Stat. (2016). We affirm both points raised by Appellant. . . .
. . . dwelling" is removed because it is not referenced in the elements of the offense as defined in section 790.19 . . . [STONE] [HARD SUBSTANCE] [AT] [WITHIN] [INTO] [IN] A[N] [BUILDING] [VEHICLE] [VESSEL] [AIRCRAFT] § 790.19 . . . ] [STONE] [HARD SUBSTANCEIIAT1 IWITHINI [INTO] [IN] A[N] [BUILDING] [VEHICLE] [VESSEL] [AIRCRAFT] - 790.19 . . .
. . . 2) Appellant wantonly or maliciously threw a deadly missile into a building in violation of section 790.19 . . . Florida Statutes ; and (3) Appellant wantonly or maliciously shot into a building in violation of section 790.19 . . .
. . . . §§ 790.13-790.19 (defining key terms and giving illustrative examples). . . .
. . . appeals his convictions and .sentences for throwing a deadly missile at an occupied vehicle, see § 790.19 . . .
. . . , section 784.021, Florida Statutes (2012); and on count three, shooting within a building, section 790.19 . . .
. . . See §§ 775.087 & 790.19, Fla. Stat. (2012). . . .
. . . . § 790.19). . . . Stat. § 790.19). . . .
. . . . § 790.19). . . .
. . . He was charged with two counts of throwing a deadly missile into a dwelling, pursuant to section 790.19 . . .
. . . . § 790.19. Defendant was removed to Mexico, and later illegally reentered the United States. . . .
. . . chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19 . . . In 2006, the Legislature deleted the reference to sections 790.07-790.12 and 790.14-790.19 and added . . . the reference to sections 790.07-790.115 and sections 790.145-790.19. . . . firearms and other weapons do not apply for persons violating ss. 790.07-790.115, F.S. and ss. 790.145-790.19 . . .
. . . The district court found that Defendant’s prior conviction for a violation of Florida Statute § 790.19 . . . convicted in a Florida state court of throwing a deadly missile, in violation of Florida Statute § 790.19 . . . Pursuant to Florida Statute § 790.19: Whoever, wantonly or maliciously, shoots at, within, or into, or . . . Stat. § 790.19. . . . Estrella was also an illegal reentry case, in which Estrella’s prior § 790.19 conviction was based on . . .
. . . Taylor was also charged with shooting into an occupied vehicle under section 790.19, Florida Statutes . . .
. . . . § 790.19 for wantonly or maliciously throwing, hurling, or projecting a missile, stone, or other hard . . . Es-trella “did, in violation of Florida Statute 790.19, wantonly or maliciously throw, hurl or project . . . The PSR concluded that the § 790.19 conviction qualified as a crime of violence under USSG § 2L1.2(b) . . . Stat. § 790.19. . . . Stat. § 790.19 meets the state's definition of a crime of violence. Paul v. . . .
. . . 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle, in violation of section 790.19 . . .
. . . involves an issue of statutory construction: whether shooting into an occupied vehicle under section 790.19 . . . Persons convicted under section 790.19 may be subjected to penalties under section 775.082(9)(a), Florida . . . To commit a violation of section 790.19, a vehicle must be occupied.” Id. . . . We can glean several things from this history of section 790.19. . . . The Legislature did not define the word “use” in section 790.19. . . .
. . . involves an issue of statutory construction: whether shooting into an occupied vehicle under section 790.19 . . . Persons convicted under section 790.19 may be subjected to penalties under section 775.082(9)(a), Florida . . . To commit a violation of section 790.19, a vehicle must be occupied.” Id. . . . We can glean several things from this history of section 790.19. . . . The Legislature did not define the word “use” in section 790.19. . . .
. . . . § 790.19, arose from the same incident; therefore, if either conviction constitutes a violent felony . . . Florida Statute section 790.19 provides that “[w]hoever, wantonly or maliciously, shoots at, within, . . . For purposes of section 790.19, “ ‘wantonly’ means ... with the knowledge that damage is likely to be . . . These considerations compel the conclusion that a violation of Florida Statute section 790.19, as a categorical . . .
. . . a)l, Florida Statutes; shooting a deadly weapon into an occupied conveyance in violation of section 790.19 . . .
. . . . § 790.19— that can take the place of the vehicular flight conviction. . . .
. . . . § 790.19, was a crime of violence because: (1) the statute as charged encompasses many acts which would . . . Stat. § 790.19. . . . Stat. § 790.19 qualifies as a crime of violence under the categorical approach because it involves conduct . . . Stat. § 790.19 did not qualify as a crime of violence under the categorical approach, Striedinger’s conviction . . .
. . . held that shooting a deadly missile into a vehicle would qualify for PRR sentencing, because section 790.19 . . .
. . . See § 790.19, Fla. Stat. (2003). . . .
. . . section 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle in violation of section 790.19 . . . As this holding was applied to Valdes’ convictions under sections 790.19 and 790.15, we found that the . . .
. . . Appellant was convicted under section 790.19, Florida Statutes (2001), of shooting into an occupied vehicle . . . To commit a violation of section 790.19, a vehicle must be occupied. . . . Under section 790.19, a building may be occupied or unoccupied. . . .
. . . See § 790.19, Fla. Stat. (2007). . See § 893.13(6)(a), Fla. Stat. (2007). . . .
. . . arguing that his sentence for shooting into a building was illegal because that offense, under section 790.19 . . . mandatory sentence provision in section 775.087(2)(a)(l) does not apply to a conviction under section 790.19 . . . See §§ 790.19, 775.082(3)(c). . . .
. . . See § 790.19, Fla. Stat. (2007). . . .
. . . Stat. (2006); § 790.19, Fla. Stat. (2006). . . .
. . . analyzing the non-enumerated felony of shooting or throwing a deadly missile in violation of section 790.19 . . .
. . . section 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle in violation of section 790.19 . . . applying this simple test to this case we conclude that dual convictions under 790.15(2) and section 790.19 . . . It is undisputed that sections 790.15(2) and 790.19 each contain an element that the other does not. . . . In contrast, section 790.19 requires proof of the following three elements: (1) the defendant shot a . . . Section 790.19 provides in pertinent part: 790.19 Shooting into or throwing deadly missiles into dwellings . . .
. . . any kind that was being used or occupied by someone, a second-degree felony, in violation of section 790.19 . . .
. . . . § 790.19. . . .
. . . . § 790.19, Fla. Stat. (2006). . . . Section 790.19 relates to shooting or throwing a deadly missile into a building or conveyance. . . .
. . . He was charged with violating section 790.19, Florida Statutes (2003), which provides, in pertinent part . . . He was charged with violating section 790.19, as well as with aggravated assault and battery. . . . None of these reasons constitute defenses to section 790.19, by its own language, nor does case law so . . . The Holtsclaw court undoubtedly sought to express the view that an offense under section 790.19 may be . . . Such a holding effectively renders section 790.19 a per se crime. . . .
. . . Florida Statutes (2003); and one count of shooting into an occupied vehicle in violation of section 790.19 . . . Section 790.19, Florida Statutes (2003), provides, in pertinent part, as follows: 790.19 Shooting into . . . Pursuant to section 790.19, the State was required to prove that when Valdes discharged the firearm, . . . In contrast, the core offense of section 790.19 is the shooting or throwing of any deadly missile into . . . The evil that section 790.19 punishes is not thoughtless or otherwise innocent conduct, but malicious . . .
. . . contends, the offense of throwing a deadly missile into an occupied vehicle, as proscribed in section 790.19 . . . State, 800 So.2d 627, 628-29 (Fla. 3d DCA 2001) (holding that the crime proscribed by section 790.19 . . .
. . . He claims that a conviction of shooting into a dwelling in violation of section 790.19 does not constitute . . . Section 790.19, Florida Statutes, criminalizes shooting deadly missiles as follows: Whoever, wantonly . . . or private building, occupied or unoccupied, ... shall be guilty of a felony of the second degree. § 790.19 . . . There, the Third District held that a violation of section 790.19 for shooting into a building did not . . . Therefore, Paul is not subject to PRR sentencing on a conviction for a violation of section 790.19 on . . .
. . . crime of shooting into or throwing deadly missiles into a building, whether occupied or unoccupied (§ 790.19 . . .
. . . (Crim.) 10.13 (§ 790.19, shooting or throwing missiles in a dwelling); 12.4 (§ 806.13, criminal mischief . . .
. . . Kettell and charged him under section 790.19, Florida Statutes (2003): Whoever, wantonly or maliciously . . . He appealed his conviction, arguing that section 790.19 was inapplicable because (1) he owned the trailer . . . The Fifth District rejected these defenses. “ ‘[SJection 790.19 ... is violated by a person who intentionally . . . the building, if done with the requisite wantonness or maliciousness, is enough to violate section 790.19 . . . The trial court listed the three elements required to secure a conviction under section 790.19. . . . Section 790.19, Florida Statutes (2003), provides: “Whoever, wantonly or maliciously, shoots at, within . . . To prove a violation of section 790.19, it must be established that the act is done wantonly or maliciously . . . The Holtsclaw court undoubtedly sought to express the view that an offense under section 790.19 may be . . .
. . . Balkaran was.charged with shooting at or within a vehicle in violation of section 790.19, Florida Statutes . . .
. . . Count two alleged the crime of shooting into a building, a violation of section 790.19, Florida Statutes . . .
. . . Shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2005), requires proof . . . We believe that the primary evil addressed by sections 790.19 and 790.15, which proscribe shooting into . . . Since neither section 790.15 nor section 790.19 contains any similar language indicating that the provisions . . .
. . . . § 790.19, Fla. Stat (2002). . . . .
. . . .” § 790.19, Fla. Stat. (1999). . . .
. . . Section 790.19, Florida Statutes (2004), states in pertinent part: Whoever, wantonly or maliciously, . . . indispensably necessary or a basic requisite for the commission of the felony enumerated in section 790.19 . . . The elements of the subject crime are derived from the statutory definition of section 790.19, Florida . . . See § 790.19, Fla. Stat. (2001); Reynolds v. State, 842 So.2d 46 (Fla.2002). . . . . The conviction for shooting a deadly missile is based on section 790.19, Florida Statutes (2001), which . . . use of a firearm wás a necessary element of shooting at an occupied vehicle in violation of section 790.19 . . .
. . . . §§ 782.04(l)(a)l; 777.04(1); 775.087; 790.19, Fla. . . .
. . . adjudication of delinquency on count one, the charge of throwing a deadly missile in violation of section 790.19 . . .
. . . The defendant argues that section 790.19, Florida Statutes (2004), requires that the offender shoot at . . . Section 790.19, Florida Statutes (2004), however, provides, in part that ‘Whoever, wantonly or maliciously . . .
. . . to seven offenses, including three counts of the second degree felony offense proscribed by section 790.19 . . . jeopardy principles would preclude his conviction and sentence for more than one violation of section 790.19 . . .
. . . . § 790.19(a) and (b). . . .
. . . was done in this case, would produce death or great bodily harm, as required by the statute, section 790.19 . . .
. . . Hudson was convicted of throwing a deadly missile into a hotel lobby, in violation of section 790.19, . . .
. . . which would produce death or great bodily harm, at, within or into a building, contrary to section 790.19 . . .
. . . . § 790.19, Fla. Stat. (1995). . . .
. . . analyzing the non-enumerated felony of shooting or throwing a deadly missile in violation of section 790.19 . . .
. . . probable cause to arrest both Thorn and Brown for throwing a deadly missile in violation of section 790.19 . . . Thus there was no probable cause to arrest Thorn for throwing a deadly missile under section 790.19. . . . This could constitute throwing deadly missiles in violation of section 790.19, Florida Statutes, a second . . .
. . . underlying facts or jury finding, and thus without considering Apprendi, the crime proscribed by section 790.19 . . . or possession of firearm and is not an enumerated offense under violent career criminal statute). . 790.19 . . . individual is not a necessary element of the charged offense because throwing a deadly missile under section 790.19 . . .
. . . .§ 790.19, Fla. Stat. . October 1, 1995 to May 24, 1997. See Salters v. . . .
. . . that Bonner’s qualifying offense was throwing a deadly missile into a vehicle, a violation of section 790.19 . . . However, a conviction for violation of section 790.19 is not one of the offenses that may be used to . . .
. . . Section 790.19, Florida Statutes, which proscribes throwing a deadly missile at or into a vehicle, states . . . at a school bus, without proof of either striking the bus or any person, was a crime under section 790.19 . . .
. . . his adjudication of delinquency for throwing a deadly missile at a vehicle in violation of section 790.19 . . .
. . . the following: 1 .... a person using weapons or firearms in violation of ss. 790.07-790.12, 790.14-790.19 . . .
. . . 784.021, Florida Statutes (1995); shooting at a dwelling, a second degree felony violation of section 790.19 . . .
. . . Appellant argues that under the wording of section 790.19, Florida Statutes, proscribing the throwing . . .
. . . . §§ 790.13, 790.19. . . .
. . . Bradford was charged under section 790.19, Florida Statutes (1997), “Shooting into or throwing deadly . . .
. . . Section 790.19, Florida Statutes (1993) provides, in relevant part: Whoever, wantonly or maliciously . . .
. . . . § 790.19(b) (1997) provides that “the regulations, orders, rulings, approvals, interpretations, administrative . . . must be those of an agency and not of an individual officer or employee of the agency.” 29 C.F.R. § 790.19 . . . Id. § 790.19(c). . . .
. . . The proper statutory provision for that offense is section 790.19. . . .
. . . . § 790.19(b) (advice of a Wage and Hour Division field inspector affords no entitlement to protection . . .
. . . it bounced off her body before smashing the window, then Appellant could not have violated section 790.19 . . . Opinions interpreting section 790.19, Florida Statutes, have resolved that a person who “intentionally . . . or with the specific intent, of shooting at a person in or near the building” has violated section 790.19 . . .
. . . The State charged King under section 790.19, Florida Statutes (1995), for throwing a cinder block into . . .
. . . . § 790.19, Fla. Stat. (1993). . . .
. . . .” § 790.19, Fla.Stat. (1995). . . .
. . . Payne’s original sentence was for shooting at, within, or into a building in violation of section 790.19 . . .
. . . . § 790.19, Fla.Stat. (1993). . § 790.15, Fla.Stat. (1993). . . . .
. . . . §§ 790.001(6), 790.19, Fla.Stat (1991). . . . .
. . . found guilty of throwing a deadly missile or stone into an occupied building in violation of section 790.19 . . . A conviction under section 790.19 requires that the perpetrator act “wantonly” or “maliciously” in throwing . . .
. . . Section 790.19, Florida Statutes (1993), which makes it unlawfiil to shoot a firearm at, within or into . . .
. . . . § 790.19(b). . . . See § 790.19(c). . . .
. . . Shooting at an occupied vehicle in violation of section 790.19, Florida Statutes (1993), is the only . . .
. . . . §§ 775.082(3)(d), 777.04(4)(c) and 790.19, Fla. Stat. (1989). . . . .
. . . assault with a firearm, see § 784.021, Fla.Stat. (1991), and shooting at or into a building, see § 790.19 . . .
. . . Throwing a deadly missile is a second-degree felony, see § 790.19, Fla.Stat. (1993), which is punishable . . .
. . . Throwing a deadly missile into a dwelling is a violation of section 790.19, Florida Statutes (1991). . . .
. . . . §§ 777.011 and 790.19, Fla.Stat. (1991); State v. Law, 559 So.2d 187 (Fla. 1989); Staten v. . . .
. . . . § 790.19, Fla.Stat. (1991). . § 775.087(2)(a), Florida Statutes (1991) reads in pertinent part: Any . . .
. . . and four for shooting into a vehicle because the statute under which the state charged Lee, section 790.19 . . . Contrary to Lee’s argument, we conclude that the ordinary citizen is put on notice that section 790.19 . . . automobiles by the language “or vehicle of any kind which is being used or occupied by any person.” § 790.19 . . . Section 790.19, Florida Statutes (1991), provides: 790.19 Shooting into or throwing deadly missiles into . . .
. . . . § 790.19, Fla.Stat. (1993). . . .
. . . state agrees, that the offense of shooting into an occupied vehicle is a second degree felony, section 790.19 . . .
. . . . §§ 782.04, and 790.19, Fla.Stat. (1991). . . .
. . . Reeves appeals his conviction of violating section 790.19, Florida Statutes (1991), for wantonly or maliciously . . . Statutes (1991) commonly known as “Florida’s Hate Crimes Statute,” the penalty for violating section 790.19 . . .
. . . perpetration of or attempt to perpetrate the felony of shooting into an occupied vehicle [§§ 782.04(4), 790.19 . . . the commission of a felony, to wit; the third-degree murder stated above [§§ 790.07(2), 782.04(4), 790.19 . . .
. . . See § 775.082(3)(d) Fla.Stat. (1991); see also §§ 784.021(2), 790.19 & 777.-04(4)(c), Fla.Stat. (1991 . . .