Evidence of ''Careful Plan or Prearranged Design to Kill''

In Barwick v. State, 660 So. 2d 685 (Fla. 1995), the court concluded that the trial court had improperly found cold, calculated, and premeditated (CCP) to exist because the evidence there did not support the conclusion that the appellant had entered the home of the victim with a "careful plan or prearranged design to kill." 660 So. 2d at 696. Instead, the evidence suggested that he intended to rape, rob, and burglarize, and the murder only occurred as an afterthought because the victim was able to remove the appellant's mask and therefore could have identified him. See id.