JEFFREY QUESENBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal, Jeffrey Quesenberry challenges his conviction and sentence for attempted second-degree murder with a firearm. We have reviewed the record on appeal as well as the supplemental record and find no merit to the issues raised in the briefs.
At oral argument, the defendant asked this court to consider whether the crime of attempted second-degree murder is still recognized in Florida. We align ourselves with the Fifth District’s view that we should follow existing precedent that recognizes this crime and leave to the supreme court the task of deciding whether its decision in State v. Gray, 654 So. 2d 552 (Fla.1995), eliminates the crime of attempted second-degree murder. See Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998).
Affirmed.
FRANK, A.C.J., and ALTENBERND and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cordale D. Smith v. State, 761 So. 2d 1172 (Fla. 2d DCA 2000)…ppeal, he contends that after the Florida Supreme Court’s decision in State v. Gray, 654 So. 2d 552 (Fla.1995), the offense of attempted second-degree murder no longer exists in Florida. We affirm his conviction on the basis of Quesenberry v. State, 711 So. 2d 1359 (Fla. 2d DCA 1998). However, the supreme court has accepted jurisdiction of Brown v. State, 733 So. 2d 598 (Fla. 5th DCA), review granted, 744 So. 2d 452 (Fla.1999), wherein the Fifth District certified the following question as one of great public…
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Brown v. State, 733 So. 2d 598 (Fla. 5th DCA 1999)…om the appellate courts and many learned opinions; majority, concurring, and dissents discussing this issue. See State v. Gray, 654 So. 2d 552, 553-54 (Fla.1995)(ruling that there is no crime of attempted felony [*599] murder); Quesenberry v. State, 711 So. 2d 1359 (Fla. 2d DCA 1998)(“We ... leave to the supreme court the task of deciding whether its decision in [State v. Gray ] eliminates the crime of attempted second degree murder”); Pitts v. State, 710 So. 2d 62, 62-63 (Fla. 3d DCA 1998)(holding that the cr…
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Lamontique Lavell Gilyard v. State, 718 So. 2d 888 (Fla. 1st DCA 1998)…52 (Fla.1995), should be extended to preclude conviction of that crime. We reject that argument under the authority of Gentry v. State, 437 So. 2d 1097 (Fla.1983). See also Galdamez v. State, 713 So. 2d 1128 (Fla. 3d DCA 1998); Quesenberry v. State, 711 So. 2d 1359 (Fla. 2d DCA 1998); Pitts v. State, 710 So. 2d 62, 62-63 (Fla. 3d DCA 1998); and Watkins v. State, 705 So. 2d 938, 939 (Fla. 5th DCA 1998). AFFIRMED. BARFIELD, C.J., DAVIS, J., and SHIVERS, DOUGLASS B., Senior Judge, concur.…
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- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998)