CHARLES J. PITTS, APPELLANT,
v.
THE 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 court held that the evidence was sufficient to convict the defendant of armed robbery, armed kidnapping, and attempted second-degree murder, and that the crime of attempted second-degree murder is a valid offense.
The defendant was convicted of armed robbery, armed kidnapping, and attempted second-degree murder after shooting a convenience store clerk in the leg…
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 General Intent Crime cases and more on FLexlaw
PER CURIAM.
Charles J. Pitts appeals his convictions for armed robbery, armed kidnapping and attempted second degree murder. First, the evidence was sufficient to convict defendant-appellant Pitts on the charge of kidnapping where the defendant and codefendant locked the two convenience store clerks in a back room prior to leaving the store after the robbery. See Berry v. State, 668 So. 2d 967, 969 (Fla.1996).
Second, we conclude that the evidence was sufficient to convict defendant of attempted second degree murder, where defendant shot the unarmed convenience store clerk in the leg after the clerk told defendant that the safe was on a timer and would require ten minutes to open. See Brown v. State, 569 So. 2d 1320, 1321 (Fla. 1st DCA 1990); see also Gentry v. State, 437 So. 2d 1097, 1099 (Fla.1983).
Third, defendant argues that under the logic of State v. Gray, 654 So. 2d 552 (Fla.1995), there should be no such crime as attempted second degree murder where the defendant has committed the completed act of shooting the victim in the leg. Defendant argues that the logic of Gray should be applied so as to hold that there can be no crime of attempted second degree murder under these circumstances. Since Gray was confined, by its terms, to the offense of attempted first degree felony murder, and since the Florida Supreme Court has expressly recognized the existence of the crime of attempted second degree murder and further, has held that the crime is one requiring only general intent, not the specific intent to kill, see Gentry, 437 So. 2d at 1099, we reject defendant’s argument on this point. See generally Watkins v. State, No. 96-3129, 705 So. 2d 938 (Fla. 5th DCA 1998).
There is no merit to the claim of involuntary confession.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Rivero v. State, 752 So. 2d 1244 (Fla. 3d DCA 2000)…l. The defendant also argues that the offense of attempted second degree murder is a nonexistent offense under Florida law. We reject this claim, and affirm on this issue, on authority of Gentry v. State, 437 So. 2d 1097 (Fla.1983), Pitts v. State, 710 So. 2d 62 (Fla. 3d DCA 1998), and Lopez v. State, 742 So. 2d 531 (Fla. 3d DCA 1999). However, the Florida Supreme Court has accepted jurisdiction in Brovm v. State, 733 So. 2d 598 (Fla. 5th DCA 1999), review granted, 744 So. 2d 452 (Fla.1999). In Brown the Fi…
-
Marti v. State, 756 So. 2d 224 (Fla. 3d DCA 2000)…as that of the Florida Supreme Court, establish the existence of the offense and that the evidence presented in the lower court was sufficient to establish its existence in this case. Addressing defendant’s second argument first, in Pitts v. State, 710 So. 2d 62 (Fla. 3d DCA 1998), this Court stated: Since Gray was confined, by its terms, to the offense of attempted first degree felony murder, and since the Florida Supreme Court has expressly recognized the existence of the crime of attempted second degree…
-
Galdamez v. State, 713 So. 2d 1128 (Fla. 3d DCA 1998)…urder. He contends under the logic of State v. Gray, 654 So. 2d 552 (Fla.1995), there should be no such crime as attempted second-degree murder. We reject that argument on authority of Gentry v. State, 437 So. 2d 1097 (Fla.1983), and Pitts v. State, 710 So. 2d 62 (Fla. 3d DCA 1998). Affirmed.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Germaine Berry v. State, 668 So. 2d 967 (Fla. 1996)
- Davis v. State, 437 So. 2d 1097 (Fla. 1983)
- Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998)
- Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990)