Florida District Courts of Appeal, 1982

Morgan v. State

Morgan v. State
Florida District Courts of Appeal · Decided July 6, 1982 · Barkdull, Baskin, Schwartz
417 So. 2d 1027; 1982 Fla. App. LEXIS 28604 (Southern Reporter, Second Series)
Morgan v. State

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

In Florida attempted second degree murder is recognized as a crime. Littles v. State, 384 So.2d 744 (Fla. 1st DCA 1980).

It is also a “necessarily included” lesser of the offense of attempted first degree murder, and therefore, the trial court was correct in giving such an instruction when the defendant was charged with attempted first degree murder. Brown v. State, 206 So.2d 377 (Fla. 1968).

Therefore the conviction, adjudication and sentence are affirmed.

Affirmed.

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