Rejecting the appellant’s primary position on appeal, we conclude –
notwithstanding the very sketchy nature of the record as to the surrounding
circumstances – that the singular fact that the defendant drove a butcher knife five
and three-quarter inches into the victim’s chest, reaching his heart and causing his
death, was itself sufficient to establish the “depraved mind” element of second
degree murder, of which Bonilla was convicted after a jury trial.
No Good dead goes unpunished by the Third: As Judge Eig has found out in State v. Armenteros, in which the 3rd bounced back a plea below guidelines based on "some deal" Eig had with the defendant and not the State. Now Eig has to provide written reasons for the below guidelines plea. You know what we say: Good for you Judge Eig! We can just imagine the state standing there, arms crossed, whining "Judge you can't do that. The Chief of the assistant chiefs who supervise the chief of the chiefs says so."
Keep making deals and icing out the State Judge Eig! Good for you. The Governor appointed you because he had faith you knew more about what is best for the people who appear before you then some 25 year old who can't make a phone call without clearing it with six dozen chiefs. (Just put something in writing justifying the downward departure next time.)
Judge Murphy got reversed on a downward departure in Berry v. State, but we applaud the effort.
****picture of North Dade Justice Center's crumbling facade courtesy of loyal blog reader Dan Lurvey.