Status: Incarcerated
As seen on Women Behind Bars, Deborah was convicted of second degree murder as a result of shooting and killing her former husband. She was sentenced to life.
The issue in Werner was whether the state had to prove, in a trial for committing a lewd or lascivious act in the presence of a child, that the act was perceived by the child. Our supreme court concluded, after discussing a number of definitions of “presence,” that the word “encompasses sensory awareness as well as physical proximity.” The court observed that even if the term “presence” was ambiguous, it would have to be construed most favorably to the accused and held that the element of presence was not established.
We agree with appellant that, because the children were in a different room in the house when the victim was shot, this crime was not committed in the children's presence. Finding no other errors, we affirm the conviction, but remand for correction of the sentence.
You can write to her at:
Deborah Rolle W15552
Homestead CI
19000 S. W. 377th Street
Florida City, Florida 33034-6409
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