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Dorsey v. State

Florida District Court of Appeal, Fourth District
74 So.3d 521 (2011)


Facts

During a large “keg” party attended by recent high school graduates, John Dorsey (defendant), a convicted felon who was illegally carrying a concealed firearm, was approached by Stephen “Bo” Bunting, John Lott, and several other men. The men surrounded Dorsey in a half-circle, who was then leaning on his vehicle. Bunting and Lott had a reputation for violence and for starting fights and both men had been drinking heavily. Lott was angry that Dorsey had bumped into him earlier in the evening. Lott and Dorsey began cursing at each other. Then Lott hit Dorsey hard in the face. Dorsey quickly pulled out the gun and shot Lott once and Bunting once. Both men died from their wounds. Dorsey was charged with first-degree murder of Bunting and with second-degree murder of Lott. At trial, the medical examiner testified that the bullet wounds to both men were consistent with them leaning forward as they were shot. At the close of all the evidence presented at trial, the court denied Dorsey’s motion for a judgment of acquittal. Dorsey was convicted on two counts of second-degree murder, possession of a firearm by a convicted felon, and carrying a concealed firearm. Dorsey appealed.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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