FREDERICK WAYNE MCLAUGHLIN, 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.
Court affirmed convictions for second degree murder and shooting from a vehicle but vacated attempted third degree murder conviction because attempted felony murder is no longer a crime in Florida, and vacated all sentences due to sentencing scoresheet error.
Attempted third degree murder convictions must be vacated because attempted felony murder is no longer a crime in Florida, and all sentences must be vacated due to sentencing scoresheet error including points for an unsupported no valid driver's license offense.
[1] Attempted third degree murder is a form of attempted felony murder and is no longer a valid crime in Florida.
[2] When an invalid conviction is included in the sentencing guidelines computation, all sentences must be vacated for resentencing.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceFrederick Wayne McLaughlin was convicted of second degree murder, attempted third degree murder with a firearm, and shooting a firearm from a vehicle.…
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 Scoresheet Calculation cases and more on FLexlaw
PER CURIAM.
Frederick Wayne McLaughlin, the defendant, appeals his convictions for second degree murder, attempted third degree murder with a firearm, and shooting a firearm from a vehicle. We affirm his convictions for second degree murder and shooting from a vehicle but vacate his conviction for attempted third degree murder. Attempted third degree murder is a form of attempted felony murder which is no longer a crime in Florida. See State v. Gray, 654 So. 2d 552 (Fla.1995). Although the defendant’s conviction for this crime must be vacated, the state may retry the defendant on any lesser included offenses in the instructions given at trial. See State v. Wilson, 680 So. 2d 411 (Fla.1996).
The defendant also alleges that his sentencing scoresheet incorrectly included two points for a no valid driver’s license offense which was not supported by the evidence. We agree that this was error. Because the defendant’s invalid conviction for attempted third degree murder was included in the overall computation under the sentencing guidelines, we must vacate all of the defendant’s sentences. At resentencing, the error in scoring the no valid driver’s license charge can be corrected.
Affirmed in part and reversed in part.
ALLEN, WEBSTER and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harkness v. State, 771 So. 2d 588 (Fla. 1st DCA 2000)…ng; and time served for violation of the injunction. All of the sentences were ordered to run concurrently. Attempted third-degree felony murder is a non-existent crime in Florida. See State v. Gray, 654 So. 2d 552 (Fla.1995); McLaughlin v. State, 700 So. 2d 392 (Fla. 1st DCA 1997). Conviction of a nonexistent crime is fundamental error which requires reversal, regardless of whether the error was invited by the defendant. See Fredericks v. State, 675 So. 2d 989 (Fla. 1st DCA 1996). Therefore, as to the offe…
Authorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- State v. Eduards Wilson, 680 So. 2d 411 (Fla. 1996)