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Rose v. State

The defendant fatally stabbed his estranged wife, while the couple's 9-year-old daughter was in an adjacent room.

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Demetrio Patricio Rose was convicted of felony murder, cruelty to children and related charges arising out of the stabbing death of his estranged wife, Ani Rose, in front of the couple’s nine-year-old daughter. He appeals from the judgment of conviction and sentence1 contending that the trial court erred by reseating a juror who had been the subject of a defense peremptory strike and by failing to give a requested charge on the lesser included offense of voluntary manslaughter. Finding no error, we affirm. 1. The evidence at trial authorized the jury to find that Rose and the victim were in the middle of a divorce. Rose came to the couple’s home, argued with the victim over a trivial matter and, after the victim took the television remote control from him, followed her into the kitchen. There, Rose killed the victim using a kitchen knife with a 10-inch blade to inflict 26 stab wounds. The couple’s nine-year-old daughter, who was in the adjacent room, saw her mother’s legs moving, heard her screams and saw the blood on her. When a police officer arrived at the home in response to the victim’s 911 telephone call, Rose answered the door and admitted that he had stabbed the victim.

The evidence was sufficient to enable a rational trier of fact to find beyond a reasonable doubt that Rose was guilty of the charged crimes. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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