Supreme Court of Florida, 2001

Rivero v. State

Rivero v. State
Supreme Court of Florida · Decided July 12, 2001 · Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells
790 So. 2d 1091; 26 Fla. L. Weekly Supp. 670; 2001 Fla. LEXIS 1389; 2001 WL 776494 (Southern Reporter, Second Series)

Rivero v. State

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?

Rivero v. State, 752 So.2d 1244, 1245 (Fla. 3d 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 Rivero on this issue.

It is so ordered.

*1092WELLS, C.J., and SHAW, LEWIS, and QUINCE, JJ., concur. HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.

Dissenting Opinion

HARDING, J.,

dissenting.

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

ANSTEAD and PARIENTE, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.