Harell v. State

District Court of Appeal of Florida

Harell v. State

727 So. 2d 407, 1999 Fla. App. LEXIS 2695, 1999 WL 128736

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1999

DocketNo. 98-1219

StatusPublished

This text of 727 So. 2d 407 (Harell 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.

Bluebook

Harell v. State, 727 So. 2d 407, 1999 Fla. App. LEXIS 2695, 1999 WL 128736 (Fla. Ct. App. 1999).

Pincite

Opinion

HARRIS, J.

Harell was charged with attempted first degree murder. The jury returned a verdict of attempted second degree murder. He appeals claiming that the jury venire was improperly summoned and that there is no such crime as attempted second degree murder.

[408]*408We have previously ruled against Harell on the jury issue. See Williams v. State, 724 So.2d 724 (Fla. 5th DCA 1999).

The views that an attempt to commit one crime cannot, under Blockburger, be the lesser included offense of an attempt to commit another crime and that since one cannot attempt a happenstance, one cannot attempt second degree murder, did not prevail. Alas, neither can Harell. See Watkins v. State, 705 So.2d 938, 941-43 (Fla. 5th DCA 1998) (Harris, J., dissenting).

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.

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