Supreme Court of Florida, 2001

Durham v. State

Supreme Court of Florida · Decided July 12, 2001 · Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells

790 So. 2d 1090; 26 Fla. L. Weekly Supp. 516; 2001 Fla. LEXIS 1406; 2001 WL 776531 (Southern Reporter, Second Series)

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.

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