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Peterson v. State

District Court of Appeal of Florida, Third District
Sep 12, 1989
548 So. 2d 841 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-921.

September 12, 1989.

An Appeal from the Circuit Court for Dade County; Federico A. Moreno, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before NESBITT, COPE and GERSTEN, JJ.


Appellant appeals her conviction of first degree murder on the ground that the State did not prove premeditation beyond a reasonable doubt. We conclude that the facts of the present case satisfy the test for premeditation set forth in Tien Wang v. State, 426 So.2d 1004, 1005 (Fla. 3d DCA), review denied, 434 So.2d 889 (Fla. 1983), and resemble the circumstances of Covington v. State, 302 So.2d 483 (Fla. 2d DCA 1974). See also Phippen v. State, 389 So.2d 991, 993 (Fla. 1980).

Affirmed.


Summaries of

Peterson v. State

District Court of Appeal of Florida, Third District
Sep 12, 1989
548 So. 2d 841 (Fla. Dist. Ct. App. 1989)
Case details for

Peterson v. State

Case Details

Full title:CATHERINE PETERSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 12, 1989

Citations

548 So. 2d 841 (Fla. Dist. Ct. App. 1989)