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Florida District Courts of Appeal, 1996

Destra v. State

Destra v. State
Florida District Courts of Appeal · Decided June 5, 1996 · Goderich, Green, Jorgenson
673 So. 2d 992; 1996 Fla. App. LEXIS 5921; 1996 WL 294880 (Southern Reporter, Second Series)

Destra v. State

Opinion of the Court

PER CURIAM.

Upon the State’s proper confession of error, we reverse defendant’s conviction for *993attempted first-degree felony murder and remand for a new trial on the charge of attempted premeditated murder. See State v. Gray, 654 So.2d 552 (Fla. 1995) (crime of attempted first-degree felony murder does not exist).1

Our disposition of this ease renders the remaining issues on appeal moot.

Reversed and remanded with directions.

. Defendant was charged with two counts of attempted first-degree murder with a firearm that specifically charged either "premeditated design ... and/or while engaged in the perpetration of, or in an attempt to perpetrate any rob-beiy and/or burglary.” The jury found the defendant guilty “as charged.”

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