Destra v. State

673 So. 2d 992, 1996 Fla. App. LEXIS 5921, 1996 WL 294880

Opinion

PER CURIAM.

Upon the State’s proper confession of error, we reverse defendant’s conviction for attempted first-degree felony murder and remand for a new trial on the charge of attempted premeditated murder. See State v. Gray, 654 So.2d 552 (Fla.1995) (crime of attempted first-degree felony murder does not exist).¹

Our disposition of this ease renders the remaining issues on appeal moot.

Reversed and remanded with directions.

1 . Defendant was charged with two counts of attempted first-degree murder with a firearm that specifically charged either "premeditated design ... and/or while engaged in the perpetration of, or in an attempt to perpetrate any rob-beiy and/or burglary.” The jury found the defendant guilty “as charged.”