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T Mobile Coconut Creek Burgerly

T Mobile Coconut Creek Burgerly

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MICHAEL J.
SATZ
{]
-'
~
TATE ATTORNEY
1f1"'aU
SEVENTEENTH nJDICIAL CIRCUIT OF FLORIDA
(l
A
"
J _
I
BROWARD COUNTY COURTHOUSE
~11':"'~
~
201
SE SIXTH STREET, SUITE 660
A,
FORT LAUDERDALE, FL 33301-3360
~
Q.,.
1
.
_j
PUBLIC
RECORDS REQUEST
))et~
Contact Mrs. Seltzer at (954) 831-7228
I
SSeltzer@saol7.state.fl.usRequestor:
CHAZ
STEVENSRequest Reference
#:
2120Company:Phone:Address:
Fax:
Date:02/13/2013City, State, ZipEmail:: CHAZ@ZPRODUCTIONS.COM
Pursuant to Chapter 119, Florida Statutes, request is made
for:
Request Type:
COPIES
Record Type: Public Records RequestDefendant: Wilkes,Michael CtNum: 10008775CF10ADescription:
REFJLEDTOll-740CF10A-
Copy
of
case filing recommendation
YOU ARE ADVISED that the State Attorney's Office
is
not the custodian
of
he otTtcial court records. The records you have requested are only those in the custody
of
the State Attorney, subject to
all
legal exceptions and/or redactions. For a copy
of
the complete and official record and/certified copies, contact the oftice
of
Howard Forman, Clerk
of
he Court, 17th Judicial Circuit
of
Florida, at(954)
831
w6565
(For
::>AU
use
only)
Letter acknowledging request sent by Date
A.
clive case discovery pulled
1J'!
AS.A
-::-.---t7<".-1-;-:-:::or-:,..,----------i'D<'a':'te:.._..,.-t,,.,.+.,.-------
~::;;~~:~
by
~ - - ' : £L = == - q . . , ~ : : . . ) - '~ ' l, ; ~ c " . . c ~ ; . . o ~' " "7 " " " ' . " " ' " '- - -- - - _ , ; ~ < " : : ; . :. : _8 a ' l . . > . . : ~ : . ;/ 
~ l . : l ? } t . . : # : J o ~ . ; ; ; . ~ ~ - - - -
File unable
to
be located by Unit Date
S ~ e = e ~ ~ ~ o : t : e ~ : ; E ~ x : e : t n : w : u ~ o = n ~ ~ ~ R ; e : d ; , a : c ~ u : o : n ~ s ~ i n : d ; , : . c : a ; , t e : d ~ b ~ e ~ l ~ o ~ w ~ ~ J C f 1 ~ ~ ~ ~ ? 1 ~ ~ ~ - - - - -
Request Withdrawn--Date SAO has no record as requested
__
-'"'~:;e~:1£:~~~--
SAO record was destroyed per§ 119.021(2)(
d),
Notes/Exemptions from
Public
Record Disclosure (For Reviewing ASA use
only)
D
Acttve
internal affrurs
investib'<ltJOn
=>exempt,
§112.533, FS; §655,057(1)(a),
FS
D
Attomey notes=> confidential and exempt, Lopez v State 696 So.
2d
725
(Fla
1997);
Arbelaez
v.
State,
775
So.
2d909 (Fla2000)
D Confession
by
Defendant
on
active cases=> exempt,
~ll9.071(2)(e),
FS
D
·Bank account numbers, debit, charge and credit account numbers and social security
number.;=> exempt, §215 .322(6) I, FS;
§
119 ,071(5)(a)(b
,
FS;
§655.057,
FS;
§655 059,
FS
D
Biometric ID
lnfonnation=>exempt,
§119.071(5)(g), FS
D
infonnation
revealing
id
of
Confidenllal h1formant
or
confidential source> exempt,
§ll
9.071(2)(fj, FS
D
Defendant
not
entitled to free
copy
of
file.=>
Roesch
v. State, 633 So. 2d I (Fla. 1993)
D
Criminal
History
Data=>
exemp1, §943.0525, FS
D
Department
of
Corrections
Records
&
Investigations=>
exempt,
§945.10, FS
D
Autopsy Photographs=>
exempt, §406.135(1), FS
D
E.M.S. Reports=>
exempt,
§395.51, FS
D
Home
Addresses, etc.,
of
current
or fanner
prosecutors,
law
enforcement personnel,firefighters,
judges
and
code inspectors=> exempt,
§
119
071(4)(d)l,
FS
D
Traffic
Crash Report exempt
for
60
days after report is filed=>exempt, §316.066(5)(a),
FS
D
Vtdeotaped
statement
of
minor
victtm
of
sexual battery=>exempt,
§l
19.07l(J)2.a., FS
D
DL
and
DMV
records=>exempt, §1.19.0712(2), FS
D
Other exemptions=>
________________
D
Mental
Health
records=>
exempt,
§394.4615(1}, FS, §456.057,
FS
D
On
active,
pending
cases, information not disclosed to defense in disovery=> exempt,Satz v.
Blankenship,407
So
2d
396 (Fla.
4DCA
1981);
Tribune
Co. v.
Public Records,
493 So.
2d
480
(Fla.
2nd
DCA_l986)
D
Personal
assets
of
crime victim=>
exempt, §119.071(2)(i),
FS
D
Personal
victim
information in cases
of
sexual otTense, chlid abuse,
lewd
&lasciviousoffense'"'> exempt, §119.071(2)(h), FS; §794.024
D
Medtcal
Records=>
exempt,
§395.3025(4),
FS;
§395 3025(8), FS; §456.057, FS
D
PSI, PTI, pre"plea, post-sentence mvestigative records=>
exempt,
§945.10(1)(b),
FS
D
Reports
of
abuse
of
vulnerable
adult=> exempt, §415.107,
FS
D
Department
of
Children
&
Families Reports
of
child abuse=> exempt, §39.0132(4)(a), FS;§39.202, FS
D
School
records=> exempt,
§
1002.22, FS
D
Photograph
of
victim
of
sexual offense=> exempt, §119 071(2)(h)
D
Active
criminalmtelligence and
invesllgative
infonnation=>
exempt, §119.07Q2)(c),
FS
D
Identity
of
caller
requesting
or
reporting "911" emergency=>exempt, §365. Y1 15), FS
D
Juvenile
Records=>exempt,
§985 04, FS
D
Drivers
License
dtgttallmagtng=>
exempt, §322.142(4),
FS
D
Telecommunications records=>exempt,
§ll9.071(5)(d)
D
Phannacy
Records=>exempt,
§465.017(2)
Document# 3282
ORIGINAL
-ADM/2
COPY-
Requesting Party
Rev 05/09/1 I
COPY
-Public Records
File
 
Case Filing Recommendations
MICHAEL J.
SATZSTATE
ATTORNEY
SEVENTEENTH JUDICIAL CIRCUIT
OF
FLORIDABROWARD COUNTY COURTHOUSE201 S.E. SIXTH STREETFORT LAUDERDALE, FL 33301-3360Notice Date: 6114/2010 Court Case No: 10008775CF10A SAO Book No: 1723580Agency: COCONUT CREEK POLICEOfficer: HOFER, ANGELA CK17589 Offense Report No: CK1000011919 Offense Date: 5/15/2010A.S.A.: Peter La Porte
I
CL
Phone: (954) 831-8089
Div:
FCF Arrest No: CK10000447 Arrest Date: 5/15/2010Subject:
MICHAEL
L
WILKES
DOB:
5/111979
Race: B Sex:M BCCN: 0775575Co-Defendants:Name: TYRELL J POWELLKERLEY JEANCourt Case No 10008776CF10A
Victim Names:
. T-MOBILEWILLIAM HARRISON10009202CF10AAction taken:DIR FILED CASE Revised, Original FILE DATE -06/1112010Count
Action
Short DescriptionCharge1
COC
-
FEL/FEL
782.04(1)A(A)-
1/CF-
ATTEMPT MURDER FIRST DEGREE
Chrg Presented782.04-3 -
1/CF-
MURDER NOT PREMEDITATED DURING SPECIFIC FELONY 1-COC2
COC
-
FEL/FEL
782.051(1)
-1/CF-
ATT
FELONY
MURDER
Chrg Presented 782.04-3-
1/CF-
MURDER NOT PREMEDITATED DURING SPECIFIC FELONY 2-COC3
COC
-
FELIFEL
810.02(4)(A)*
A-
2/CF-
ATTEMPTED BURG/STRUCT/UNOCC/MASKChrg Presented 810.02-4(A)-
3/CF-
BURGLARY STRUCTURE UNOCCUPIED/UNARMED 3-COC4 NO INFO775.0845(2)B-
1/CF-
ROBBERY-STRONG
ARM
I
MASK
Chrg Presented 775.0845(2B)-
1/CF-
WEAR MASK WHILE COMMITTING 2 DEG FEL
5
5 NO INFO810.06-
3/CF-
POSS BURG
TOOLS
Chrg Presented 810.06-
3/CF-
POSSESS BURGLARY TOOLS 4Comments:
Attempted Felony Murder is a difficult and problematic charge. Florida courts as well as courts in many otherstates have struggled with the concept.
In
1995, our Florida Supreme Court abolished attempted felony murderin Florida by holding that there was no such crime (State
v.
Gray, 654 So2d 252). In doing so, the Courtoverruled their own 1985 decision in Amlotte v. State, 456 So 2d 448 (1984) which had considered a questioncertified by the Fifth District
CoUrt
of
Appeal to be
of
great public importance; namely: "DOES THEREEXIST UNDER FLORIDA LAW A CRIMINAL OFFENSE OF ATTEMPTED FELONY MURDER?". InGray, the Court adopted the rationale
of
Justice Ben Overton dissenting in Amlotte, which had, in turn, beenbased upon the dissenting opinion
of
District Court Judge Cowart expressed in Amlotte v. State, 435 So 2d 249(1983). Justice Overton wrote:
"In my
view, the crime
of
felony murder is based on a legal fiction whichimplies malice aforethought from the actor's intent to commit the underlying felony. Thus, whenever a person
06/14/10Agency SAO File17235801723580TmpFBI
 
.:::-::=.=.-=-·.
-_
---:-·::'
-· ---
: = ~ = : - : - : - : - : - : - : < - : - : - : - : - : - : - : -
:-:-:-;-:-;:;:_;-
MICHAEL
J. SATZSTATE ATTORNEY
SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDABROWARD COUNTY COURTHOUSE
201
S.E. SIXTH STREETFORT LAUDERDALE, FL 33301-3360
:-·-:-:----.---
:;-:-:-=-
is killed during the commission
of
a felony, the felon is said to have had the intent to bring about the deatheven
if
the killing was unintended. This doctrine has been extended to impute intent for deaths caused by theacts
of
co-felons and police during the perpetration
of
certain felonies. Further extension
of
the felony murderdoctrine so
as
to make intent irrelevant for purposes
of
the attempt crime is illogical and without basis in thelaw". Judge Cowart had expressed the illogic thusly: "Every crime
of
attempt requires a specific intent, thatis, an intent to commit some particular crime
....
Felony murder is where one unintentionally or accidentallykills another while engaged in the commission
of
some other felony and the law creates a fiction, from thestate
of
mind that consents to the commission
of
the underlying felony, and implies malice aforethought whendeath is caused by an act resulting from such wrongful, felonious intent. A death is essential to the application
of
this ancient legal fiction .... A legal fiction can be stretched only so far and this is why the fiction breakswhen
an
effort is made to stretch it further to include the specific intent essential to the crime
of
attempt. Thereasoning
of
transferred intent upon which the crime
of
felony murder is based to rationalize the absence
of
specific intent as to the killing, comes full circle and is rationally inconsistent with the crime
of
attempt whichnecessitates a specific intent to commit another crime".The Gray court abolished the crime
of
Attempted Felony Murder "because the legal fictions required tosupport the intent for felony murder were simply too great to extend to attempted felony murder" (see: Battlev. State,
911
So2d
85
(SCt 2005)).Ultimately, the Florida legislature responded
by
enacting F.S. 782.051 to reestablish the crime
of
AttemptedFelony Murder. The statute provides: "Any person who perpetrates or attempts to perpetrate any felonyenumerated in F.S. 782.04(3) and who commits, aids or abets an intentional act that is
not
an
essential element
of
the felony and that could but does not, cause the death
of
another commits a felony
of
the first degree".In this case, the three defendants attempted to burglarize aT-Mobile store
in
Coconut Creek, when theyrealized that police were present, they
ran
back to their getaway car; when Sergeant William Harrisonattempted to stop them Michael Wilkes drove the getaway car directly at and toward Sergeant Harrison, struckhim, caused him to be thrown across the hood
of
the getaway car, then thrown
off
where he landed
on
thepavement striking a curbstone
in
the process.Certainly for Michael Wilkes, he has committed an intentional act that was not an essential element
of
theattempted burglary; he has also attempted the premeditated murder
of
Sergeant Harrison although the factssupport the crime
of
attempted second degree murder
as
well.The question regarding defendants Powell and Jean is whether their presence
in
Wilkes vehicle as they flee thecrime scene constitutes aiding or abetting the intentional act committed by Wilkes
in
striking SergeantHarrison or whether the
law
of
principles encompasses all three defendants so as to render them responsible forthe act which could have but did not result in the death
of
Sergeant Harrison.
It
is well established by case law that a charge
of
Premeditated Murder by Indictment encompasses felonymurder. Given the statutory scheme
now
in place; it is uulikely that this legal concept would be applied toattempted murder vis a vis attempted felony murder.Therefore, alternative charges
of
attempted premeditated as well as attempted felony murder will be pled
in
thealternative while recognizing that double jeopardy provisions would not permit dual convictions to stand (see:Tucker v. State, 857 So2d 978 (4th DCA 2003)). ·And while the evidence established that the defendants Jean and Powell committed, aided
or
abetted in the
06/14/10Agency SAO File
2
17235801723580TmpFBI

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