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Hartman v. State2/24/1999
Otto Donnie Hartman appeals his conviction and sentence for first-degree, premeditated murder. He argues that the trial court erred when it denied his motion for judgment of acquittal because the State failed to prove premeditation. We affirm.
On June 10, 1997, appellant was charged by indictment with first-degree, premeditated murder of his wife, Brenda Hartman. Brenda was ending her marriage to appellant against his wishes. On May 29, 1997, appellant called her several times at the Waffle House, where she was employed. They argued each time he called. Judith Talley, Brenda's friend, testified that she saw appellant drive around the Waffle House parking lot several times. On May 30, 1997, Sergeant David Thompson responded to a call at 5:40 a.m., and Brenda was found lying in her work clothes stabbed to death. Sergeant Thompson testified that when he asked who stabbed her, appellant said, "I did." The butcher knife used in the stabbing came from a knife holder in the kitchen counter, about twenty feet from Brenda's body. The blood on her clothes indicated that she was on her back during the stabbing. A detective testified that blood splatter and the lack of blood on appellant's pants below the knee indicated that he stabbed her in one location while he was on his knees. The blood patterns also showed that she was not chased around the house. The medical examiner, Frederick Hobin, testified that Brenda suffered 36 stab wounds. The 13 ½ inch butcher knife was still in her chest when he received the body for the autopsy. All of her major organs had been penetrated, and her heart was stabbed three times, one of them in such a forceful manner that it severed her sternum bone. Fourteen of these injuries were classified as defensive injuries, and she also had bruises to her face. Dr. Hobin estimated that the attack lasted about twenty seconds. After the State's case, the trial court denied appellant's motion for a judgment of acquittal.
During the defense's case, Morris Lybrand, a friend of appellant, testified to an incident occurring about a week before the killing. He stated that appellant went searching for Brenda and found her at a lounge. While waiting in the parking lot, he saw her get out of a van and kiss another man. Appellant followed the van at a high rate of speed until Morris told him to stop. Appellant did not renew his motion for judgment of acquittal. The jury found appellant guilty as charged, and he was sentenced to life imprisonment without eligibility for release.
The State argues that the denial of appellant's motion for judgment of acquittal cannot be raised on appeal because he did not renew his motion after the defense's case. We disagree. "Once the motion has been made at the close of the State's case and brought to the trial court's attention, the trial court has been given an opportunity to rule on the precise issue. The issue should then be considered preserved for appellate review." Morris v. State, 721 So. 2d 725, 727 (Fla. 1998).
Appellant contends that the trial court erred when it denied his motion for judgment of acquittal because the State failed to prove premeditation. "In order to survive a motion for judgment of acquittal the state has the burden of presenting evidence from which the jury can exclude every reasonable hypothesis except that of guilt." Loehrke v. State, 23 Fla. L. Weekly D2552 (Fla. 5th DCA Nov. 20, 1998)(citations omitted). " he question of whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, the verdict will not be reversed on appeal." Cochran v. State, 547 So. 2d 928, 930 (Fla. 1989); se
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