Beiro v. State

Full title: Maykel Beiro, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Oct 6, 2022

No. 3D22-1139 (Fla. Dist. Ct. App. Oct. 6, 2022)

Opinion

3D22-1139

10-06-2022

Maykel Beiro, Appellant, v. The State of Florida, Appellee.

Maykel Beiro, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F08-41578 Alberto Milian, Judge.

Maykel Beiro, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, SCALES and HENDON, JJ.

PER CURIAM

Affirmed. See § 782.04(2), Fla. Stat. (2008) (providing: "The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084") (emphasis added). See also Beiro v. State, 337 So.3d 334 (Fla. 3d DCA 2022) (affirming trial court order denying prior motion to correct illegal sentence asserting the same claim raised in the instant appeal).