Durham v. State

Supreme Court of Florida

Durham v. State

790 So. 2d 1090, 26 Fla. L. Weekly Supp. 516, 2001 Fla. LEXIS 1406, 2001 WL 776531

Supreme Court of Florida·Decided July 12, 2001·No. No. SC00-913·Published

Opinions

PER CURIAM.

We have for review a decision on the following question certified to be of great public importance:

DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?

Durham v. State, 753 So.2d 781, 781 (Fla. 5th DCA 2000). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We recently answered the same certified question in the affirmative in Brown v. State, 790 So.2d 389 (Fla.2001). Accordingly, we approve the result in Durham on this issue.

It is so ordered.

WELLS, C.J., and SHAW, LEWIS and QUINCE, JJ., concur. HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.

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PER CURIAM.

We have for review a decision on the following question certified to be of great public importance:

DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?

Durham v. State, 753 So.2d 781, 781 (Fla. 5th DCA 2000). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We recently answered the same certified question in the affirmative in Brown v. State, 790 So.2d 389 (Fla.2001). Accordingly, we approve the result in Durham on this issue.

It is so ordered.

WELLS, C.J., and SHAW, LEWIS and QUINCE, JJ., concur. HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.

Durham v. State, 790 So. 2d 1090, 26 Fla. L. Weekly Supp. 516, 2001 Fla. LEXIS 1406, 2001 WL 776531 (Fla. 2001).

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