CORDALE D. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, JOHN M„ (Senior) Judge.
Cordale Smith challenges the judgment and sentence imposed after the jury convicted him of attempted second-degree murder. In his sole argument on appeal, 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 importance;
DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?
We certify the same question.
Affirmed.
THREADGILL, A.C.J., and STRINGER, J., Concur.
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Barbosa v. State, 769 So. 2d 1123 (Fla. 2d DCA 2000)…nder the 1994 guidelines, absent a departure sentence. If the court enters an order declaring that resentencing pursuant to Heggs is unnecessary, it should attach to its order the record documents used to justify that conclusion. See Smith v. State, 761 So. 2d 1172 (Fla. 2d DCA 2000). Affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion. PARKER, A.C.J., and GREEN and CASANUEVA, JJ., Concur.…
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- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Wahill Saleh Hack v. State, 733 So. 2d 598 (Fla. 5th DCA 1999)
- Mintus v. City OF W. Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998)
- Quesenberry v. State, 711 So. 2d 1359 (Fla. 2d DCA 1998)