STATE OF FLORIDA, PETITIONER,
v.
TREVOR MILLER, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that because there is no crime of attempted felony murder, the certified question regarding the 'overt act' is moot.
The case involved a certified question regarding the definition of 'overt act' in the context of attempted felony murder. The court had previously add…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Attempted Felony Murder cases and more on FLexlaw
HARDING, Justice.
We have for review the following question certified to be of great public importance:
WHETHER THE “OVERT ACT” REFERRED TO IN AMLOTTE v. STATE, 456 So. 2d 448, 449 (Fla.1984), INCLUDES ONE, SUCH AS FLEEING, WHICH IS INTENTIONALLY COMMITTED BUT IS NOT INTENDED TO KILL OR INJURE ANOTHER. Miller v. State, 651 So. 2d 1313 (Fla. 3d DCA 1995). We have jurisdiction based on article V, section 3(b)(4) of the Florida Constitution.
We recently addressed the identical certified question in State v. Gray, 654 So. 2d 552 (Fla.1995). (Collin Gray and Miller were codefendants who were tried jointly.) In Gray, we found it unnecessary to answer the question because we receded from our holding in Amlotte that there is a criminal offense of attempted felony murder in Florida. Id. at 552-53.
Based on our decision in Gray that there is no crime of attempted felony murder, we do not need to answer the certified question in the instant ease. We approve the result of Miller, where the district court reversed Miller’s conviction for attempted first-degree felony murder, affirmed his conviction of armed robbery, and remanded for resentencing.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gutierrez v. State, 665 So. 2d 294 (Fla. 5th DCA 1995)…encing on other offenses); Selway v. State, 660 So. 2d 1176 (Fla. 5th DCA 1995) (defendant’s conviction for attempted third degree felony murder reversed, other convictions affirmed and remanded to trial court for resentencing); and State v. Miller, 660 So. 2d 272 (Fla.1995) (based on Gray, court would approve Third DCA’s result where that court reversed defendant’s conviction for attempted first degree felony murder, affirmed his conviction for armed robbery, and remanded for resen-tencing). We reject Gutie…
-
Kaplan v. State, 681 So. 2d 1166 (Fla. 5th DCA 1996)…ation thereof in the form of the nonexistent crime of attempted felony murder and the instructions pertaining thereto. Nor do we read the various cases cited by the dissent, including State v. Wilson, 680 So. 2d 411 (Fla. 1996) and State v. Miller, 660 So. 2d 272 (Fla.1995), as precluding a new trial on the charge of attempted premeditated murder. In Miller, the Florida Supreme Court merely approved the result reached by the Third District in Miller v. State, 651 So. 2d 1313 (Fla. 3d DCA 1995), wherein the a…1 / 2
Authorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Amlotte v. State, 456 So. 2d 448 (Fla. 1984)
- Miller v. State, 651 So. 2d 1313 (Fla. 3d DCA 1995)
- Chambers v. State, 651 So. 2d 1313 (Fla. 3d DCA 1995)