Durham v. State

Supreme Court of Florida July 12, 2001

Durham v. State, 790 So. 2d 1090 (Fla. 2001)

26 Fla. L. Weekly Supp. 516; 2001 Fla. LEXIS 1406; 2001 WL 776531

Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells

Dissenting Opinion

HARDING, J.,

dissenting.

I dissent for the reasons stated in my dissenting opinion in Brown v. State, 790 So.2d 389, 390-98 (Fla. 2001).

ANSTEAD and PARIENTE, JJ., concur.

Opinion of the Court

PER CURIAM.

We have for review a decision on the following question certified to be of great public importance:

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

Durham v. State, 753 So.2d 781, 781 (Fla. 5th DCA 2000). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We recently answered the same certified question in the affirmative in Brown v. State, 790 So.2d 389 (Fla. 2001). Accordingly, we approve the result in Durham on this issue.

It is so ordered.

WELLS, C.J., and SHAW, LEWIS and QUINCE, JJ., concur. HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.

Reference

Full Case Name: Roger DURHAM v. STATE of Florida
Status: Published