Background
White was convicted after firing six shots from a fleeing car toward an unmarked SUV occupied by four Fort Pierce detectives. The detectives had approached and followed White’s group without initially activating lights or sirens. No detective was injured and the State presented no evidence of damage to the SUV.
A jury convicted White of two counts of attempted first-degree murder with a firearm, two counts of attempted second-degree murder with a firearm, discharging a firearm from a vehicle, and possession of a firearm after being found delinquent. He received consecutive life and term-of-years sentences. White challenged the sufficiency of the attempted-murder evidence and the omission of juvenile sentence-review provisions.
The Court’s Holding
The Fourth District held that the evidence did not prove premeditation for the two attempted first-degree murder convictions. Shooting six times at a moving occupied vehicle, without evidence of a prior plan, threats, hostility, statements of intent, or other proof of a conscious and deliberated purpose to kill the front-seat detectives, was insufficient for attempted first-degree murder.
The court held the same evidence sufficient for attempted second-degree murder as to all four detectives. Firing six rounds at an occupied moving vehicle was imminently dangerous and evinced a depraved mind regardless of human life. The court therefore reversed the two attempted first-degree murder convictions with instructions to reduce them to attempted second-degree murder and resentence White. It otherwise affirmed, including the denial of a continuance and the six-person-jury ruling, and directed the trial court to provide statutory 25-year juvenile sentence review on all attempted-murder counts.
Key Takeaways
- Firing at an occupied moving vehicle alone does not establish the victim-specific premeditation required for attempted first-degree murder.
- The same conduct can support attempted second-degree murder because it is imminently dangerous and demonstrates depraved indifference to human life.
- A qualifying juvenile offender sentenced to more than 25 years for attempted murder must receive the statutory sentence-review provision.
Why It Matters
The decision distinguishes premeditated attempted murder from depraved-mind attempted murder where a defendant fires indiscriminately at an occupied vehicle. Prosecutors must offer evidence beyond the shooting itself to establish a deliberated intent to kill particular victims.
It also reinforces that sentencing courts must include juvenile-review language when imposing qualifying lengthy sentences, including consecutive sentences for attempted murder.