DORSEY V. STATE 74 So.3d 521 (2011) CASE BRIEF

DORSEY V. STATE

74 So.3d 521 (2011)

NATURE OF THE CASE: Dorsey (D) appealed a conviction of two counts of second degree murder.

FACTS: D attended a large 'keg' party, mostly with high school students. Bunting and Lott approached D, who was either sitting on the hood of his SUV or leaning against the vehicle. Lott was angry that someone had bumped him earlier while walking past him. Lott and Bunting, along with Lott's brother and several of their friends, formed a group which surrounded D in a half-circle. A short time before the confrontation, D had armed himself with a gun in the midst of an apparently unrelated dispute with other individuals regarding a keg. D had his hand in his pocket, and one witness claimed that D was smirking as he was leaning against his vehicle and did not appear to be afraid. Lott was trying to start a fight with D and Bunting was trying to encourage the fight. Lott struck D in the face with his fist. D was hit 'pretty hard' and fell back against his vehicle. D quickly pulled out a gun, shot Lott once and shot Bunting once. They were, at most, two or three feet away from D. Both died. D jumped into his vehicle and drove away. The gunshot wounds were consistent with the decedents leaning forward as they were shot. Lott had a blood alcohol level of 0.249 grams per deciliter, over three times the legal limit for driving. Bunting had a blood alcohol level of 0.05 grams per deciliter, and also had Xanax in his blood, in an amount described as being within a therapeutic range. Lott, who was heavily tattooed, had a roll of coins wrapped in black electrical tape in his pants pocket. There was also evidence at trial that both Lott and Bunting had a reputation for violence. One witness claimed that Lott and Bunting were known to jump people and they liked to fight, not always fairly. D moved for acquittal and if not the jury should only consider manslaughter chargers as the evidence showed that D has an impulsive overreaction to the attack. D was found guilty of two counts of second degree murder a, possession of a firearm by a convicted felon and carrying a concealed firearm. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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