Galdamez v. State
This text of 713 So. 2d 1128 (Galdamez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Jose Alejandro GALDAMEZ, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender, and Julie M. Levitt, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and SORONDO, JJ.
PER CURIAM.
Jose Alejandro Galdamez appeals his conviction for attempted second-degree murder as a lesser-included offense of attempted first-degree murder. He contends under the logic of State v. Gray, 654 So.2d 552 (Fla. 1995), there should be no such crime as attempted second-degree murder. We reject that argument on authority of Gentry v. State, 437 So.2d 1097 (Fla.1983), and Pitts v. State, 710 So.2d 62 (Fla. 3d DCA 1998).
Affirmed.
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713 So. 2d 1128, 1998 WL 422282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galdamez-v-state-fladistctapp-1998.