Florida District Courts of Appeal, 2000

Riddell v. State

Riddell v. State
Florida District Courts of Appeal · Decided July 26, 2000 · Booth, Miner, Nortwick
795 So. 2d 970; 2000 Fla. App. LEXIS 9389; 2000 WL 1035995 (Southern Reporter, Second Series)

Riddell v. State

Opinion of the Court

PER CURIAM.

In the cause before us, we affirm Appellant’s convictions for attempted second degree murder, kidnapping with a firearm, attempted sexual battery without force likely to cause serious injury, and aggravated battery with a deadly weapon. In reliance upon Brown v. State, 733 So.2d 598 (Fla. 5th DCA), rev. granted, 744 So.2d 452 (Fla. 1999), this court certified a question to the Florida Supreme Court as to whether attempted second degree murder is a recognized offense in this state. See Sain v. State, 786 So.2d 587 (Fla. 1st DCA 2000); Hagans v. State, 793 So.2d 975 (Fla. 1st DCA 2000). Those cases remain pending. Accordingly, we AFFIRM, but certify the following as a question of great public importance:

DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?

BOOTH, MINER and VAN NORTWICK, JJ., CONCUR.

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