State v. Furr
This text of 493 So. 2d 432 (State v. Furr) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
This cause is before us on a petition to review Furr v. State, 464 So.2d 693 (Fla. 2d DCA 1985), in which the district court held (1) that second-degree depraved mind murder is a lesser included offense of first-degree felony murder and (2) that the respondent, Furr, cannot be convicted for first-degree felony murder and the underlying felony of armed robbery. We find that, while the holding on the first issue is consistent with our decision in Linehan v. State, 476 So.2d 1262 (Fla.1985), the district court’s holding on the second issue directly conflicts with our decision in State v. Enmund, 476 So.2d 165 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.
Consistent with these recent decisions, we approve the decision of the district court with regard to the first Linehan issue and quash the decision with regard to the second Enmund issue. We remand this cause for further proceedings in accordance with Enmund.
It is so ordered.
McDonald, C.J., and BOYD, EHRLICH and SHAW, JJ., concur on the second issue.
OVERTON, J., concurs in part and dissents in part with an opinion on the second issue.
ADKINS and BARKETT, JJ., dissent on the second issue.
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Cite This Page — Counsel Stack
493 So. 2d 432, 11 Fla. L. Weekly 357, 1986 Fla. LEXIS 2323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-furr-fla-1986.