ANTHONY DAVIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ANTHONY DAVIS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
437 So. 2d 1097
Florida Supreme Court (1983)
Negative Treatment
Cited by 81 cases
Opinion of the Court
ADKINS, Justice.
The Court, after accepting jurisdiction, read the briefs on the merits and arguments contained therein. After further considering the matter, we have determined that the Court is without jurisdiction. Therefore the petition for review is denied.
No motion for rehearing will be entertained by the Court. Fla.R.App.P. 9.330(d).
It is so ordered.
ALDERMAN, C.J., and McDONALD, EHRLICH and SHAW, JJ., concur. BOYD and OVERTON, JJ., dissent.
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State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)…1) to mean that an attempt to commit a specific intent crime requires (1) a specific intent to commit a particular crime and (2) an overt act toward its commission. See, e.g., Thomas v. State, 531 So. 2d 708, 710 (Fla.1988); but see Gentry v. State, 437 So. 2d 1097, 1098-99 (Fla.1983). . The committee did, however, propose an amendment that incorporated Amlotte, which [*554] this Court adopted. Standard Jury Instructions in Criminal Cases (93-1), 636 So. 2d 502, 504-05 (Fla.1994).…
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State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)…n direct conflict with Gentry v. State, 422 So. 2d 1072 (Fla. 2d DCA 1982), on the question of whether the crime of attempted third-degree murder exists in the law of Florida. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Gentry v. State, 437 So. 2d 1097 (Fla.1983), we approved the above-cited decision of the Second District Court of Appeal and held that there is a crime of attempted third-degree murder reasoning as follows: [Tjhere are offenses that may be successfully prosecuted as an attempt wit…
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Linehan v. State, 476 So. 2d 1262 (Fla. 1985)…979) (escape from protective custody), overruled on other grounds, Parker v. State, 408 So. 2d 1037 (Fla.1982). Florida courts have rejected the voluntary intoxication defense in the following cases involving general intent crimes. Gentry v. State, 437 So. 2d 1097 (Fla.1983) (attempted second-degree murder); Askew v. State, 118 So. 2d 219 (Fla.1960) (rape); Folks v. State, 85 Fla. 288, 95 So. 619 (1923) (manslaughter); Link v. State, 429 So. 2d 836 (Fla. 3d DCA 1983) (possession of methaqualudes); Williams v.…
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