JAMES BOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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 Fourth District Court of Appeal reversed James Bowers' conviction for attempted first degree murder on a felony-murder theory and remanded for a new trial limited to attempted first degree premeditated murder, while affirming all other convictions. Following the Florida Supreme Court's decision in State v. Gray that attempted felony murder is no longer a recognized crime in Florida, the court held that a new trial was necessary because the jury could not be determined to have convicted on the premeditation theory versus the now-invalid felony-murder theory.
A new trial on count one is required and the conviction must be reversed and remanded for a new trial on the charge of attempted first degree premeditated murder. Reduction of the conviction to attempted second degree murder is not an adequate remedy because it is impossible to determine which theory—the now-invalid felony-murder theory or premeditation—the jury used to convict.
[1] The crime of attempted felony murder is no longer recognized in Florida.
[2] A new trial must be granted when a jury is instructed on both attempted felony murder and attempted premeditated murder, as it is impossible to determine which theory the…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The crime of attempted felony murder is no longer recognized in this state.”
Establishes the legal principle that overrides the jury verdict and necessitates reversal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBowers was charged with and tried on count one of attempted first degree murder with a deadly weapon. The jury was instructed it could convict on eith…
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 Premeditated Murder cases and more on FLexlaw
PER CURIAM.
We reverse appellant’s reduced conviction for attempted second degree murder with a deadly weapon but affirm appellant’s convictions on all other charges.
Appellant was charged and tried on count one of attempted first degree murder with a deadly weapon. The jury was instructed that a conviction on this count could be based on either premeditation or a felony-murder theory. During deliberations, the jury inquired as to how to list their verdict of attempted first degree murder on the felony-murder theory rather than premeditated murder. In response to the jury’s question, the court reread the jury instruction on count one — attempted murder in the first degree with a deadly weapon. Shortly thereafter, the jury found appellant guilty of count one. After the verdict, the supreme court in State v. Gray, 654 So. 2d 552, 554 (Fla.1995) held that the crime of attempted felony-murder no longer exists in Florida and that this decision “must be applied to all cases pending on direct review or not yet final.” Based on Gray, the trial court found it improper to sentence appellant for attempted first degree murder, reduced appellant’s conviction to attempted second degree murder with a deadly weapon and sentenced appellant accordingly.
The crime of attempted felony murder is no longer recognized in this state. State v. Gray, 654 So. 2d at 554. In Williamson v. State, 671 So. 2d 281, 281 (Fla. 4th DCA 1996), this court held that a new trial must be granted when the jury is instructed on both attempted felony murder and attempted premeditated murder “[bjecause it is impossible to determine which theory the jury used to convict defendant and because the facts could support a guilty verdict on either theory[.]” Id. at 282.
The state argues that a new trial on count one is not necessary as the trial court properly reduced appellant’s conviction to attempted second degree murder. This court rejected a similar argument in Williamson, 671 So. 2d at 282.
Based on Williamson and Thompson v. State, 667 So. 2d 470 (Fla. 3d DCA 1996), we reverse appellant’s conviction for attempted first degree murder and remand for a new trial on the charge of attempted first degree premeditated murder. AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
DELL, FARMER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kaplan v. State, 681 So. 2d 1166 (Fla. 5th DCA 1996)…n-general” verdicts. The only line of cases which we have found that deals with the instant issue, where a pre-Gray trial jury was forced to choose between attempted felony murder and attempted premeditated murder, is represented by Bowers v. State, 676 So. 2d 1060 (Fla. 4th DCA 1996). We agree with the result reached by the Fourth District in that case, ie., the requirement of a new trial for attempted premeditated murder. We affirm Kaplan’s convictions and sentences for.armed burglary and shooting into a bu…1 / 2
-
Bell v. State, 685 So. 2d 1 (Fla. 1st DCA 1996)…n the record establishes otherwise,” and adding that “[e]ven if there is evidence in the record supporting conviction on the alternative legal ground, we, as an appellate court, cannot determine if the jury accepted that evidence”); Bowers v. State, 676 So. 2d 1060 (Fla. 4th DCA 1996). See Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 75 L.Ed. 1117 (1931)(verdict which might be based on unconstitutional ground cannot stand even if there are alternative theories to support verdict). See also State v. Wil…
Authorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Thompson v. State, 667 So. 2d 470 (Fla. 3d DCA 1996)
- Williamson v. State, 671 So. 2d 281 (Fla. 4th DCA 1996)