WILLIAM R. MORGAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIAM R. MORGAN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
417 So. 2d 1027
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In Florida attempted second degree murder is recognized as a crime. Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980).
It is also a “necessarily included” lesser of the offense of attempted first degree murder, and therefore, the trial court was correct in giving such an instruction when the defendant was charged with attempted first degree murder. Brown v. State, 206 So. 2d 377 (Fla.1968).
Therefore the conviction, adjudication and sentence are affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998)…o. 2d 1097 (Fla.1983); Holland v. State, 634 So. 2d 813, 816 (Fla. 1st DCA 1994); Dicicco v. State, 496 So. 2d 864, 865 (Fla. 2d DCA 1986); Williams v. State, 462 So. 2d 577 (Fla. 4th DCA), review denied, 472 So. 2d 1182 (Fla.1985); Morgan v. State, 417 So. 2d 1027 (Fla. 3d DCA 1982), review denied, 426 So. 2d 27 (Fla.1983); Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980). See Florida Std. Jury Instr. (Crim.), Schedule of Lesser Included Offenses. The difficulties that inhere in attempted second-degree mu…
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Taylor v. Mazda Motor OF Am., Inc., 934 So. 2d 518 (Fla. 3d DCA 2005)…terms of the pre-trial order. Rainey v. Roesall Corp., 71 So. 2d 160 (Fla.1954); Buckley Towers, 340 So. 2d at 1206; Edwards v. Pratt, 335 So. 2d 597 (Fla. 3d DCA 1976); Diaz, 258 So. 2d at 37; see Associated Television & Communc’ns, Inc. v. Cowden, 417 So. 2d 1027 (Fla. 5th DCA 1982) (absent showing that modification of pre-trial order was proper, denial of motion for continuance not abuse of discretion). II. A trial court’s decision to impose sanctions is discretionary and the imposition of sanctions neces…
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Dicicco v. State, 496 So. 2d 864 (Fla. 2d DCA 1986)…theft. In attacking his conviction for attempted first-degree murder, appellant correctly contends that the court erred in failing to give his requested instruction on the lesser included offense of attempted second-degree murder. Morgan v. State, 417 So. 2d 1027 (Fla. 3d DCA), petition for review denied, 426 So. 2d 27 (Fla.1982). The state responds by asserting that the error was harmless because the court did give an instruction on aggravated battery, a crime which carries the same penalty as attempted sec…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- Seevola Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980)