HAROLD EUGENE BROWN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
HAROLD EUGENE BROWN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
781 So. 2d 1083
Florida Supreme Court (2001)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We have for review a decision on the following question certified to be of great public importance:
DO CONVICTIONS FOR ATTEMPTED FIRST DEGREE MURDER AND FELONY CAUSING BODILY INJURY ON ACCOUNT OF THE SAME ACT AMOUNT TO DOUBLE JEOPARDY?
Brown v. State, 761 So. 2d 1135 (Fla. 1st DCA 2000). We have jurisdiction. Art. V, § 3(b)(4),- Fla. Const. For the reasons expressed, in Gordon v. State, 780 So. 2d 17 (Fla.2001), we answer the certified question in the negative and approve the First District’s decision.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion.
Dissent
QUINCE, J.,
dissenting.
I dissent for the reasons stated in my dissent in Gordon v. State, 780 So. 2d 17 (Fla.2001).
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Dominguez v. State, 800 So. 2d 242 (Fla. 3d DCA 2001)…PER CURIAM. We affirm defendant’s convictions, Jenkins v. State, 747 So. 2d 997, 998 (Fla. 5th DCA 1999)(“the evidence was sufficient for a jury to find that the automobile was used as a weapon.”), review dismissed, 781 So. 2d 1083 (Fla.2001), however, we strike the portion of the sentence that imposes a three-year-minimum-mandatory sentence for possession of a firearm. See § 775.087(2), Fla. Stat. (1997). Convictions affirmed; three-year-minimum-mandatory sentence vacated.…
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Schirmer v. State, 837 So. 2d 587 (Fla. 5th DCA 2003)…arm, permanent disability or permanent disfigurement to the victim or used a deadly weapon.4 Although murder entails bodily injury, that is not a necessary component of attempted murder. Brown v. State, 761 So. 2d 1135 (Fla. 1st DCA 2000), approved, 781 So. 2d 1083 (Fla.2001). And, attempted second degree murder requires proof of an act which could have resulted in death — an element not required for aggravated battery. AFFIRMED. ORFINGER, J., and COBB, W.H., Senior Judge, concur. . § 784.045(l)(a)l. and 2.…
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Gonzalez v. State, 789 So. 2d 1091 (Fla. 3d DCA 2001)…nnot be reopened now. Affirmed. . Although not applicable to this case, the legislature subsequently reenacted the offense of attempted felony murder. See § 782.051, Fla. Slat. (1999); Brown v. State, 761 So. 2d 1135 (Fla. 1st DCA 2000), approved, 781 So. 2d 1083 (Fla.2001). . The briefs confirm this. The State pointed out in its brief that defendant had not made a Gray challenge, thereby retaining the benefit of his plea. Counsel for defendant filed a reply brief on other matters, but did not take issue wi…
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- Bryon Gordon v. State, 780 So. 2d 17 (Fla. 2001)
- Brown v. State, 761 So. 2d 1135 (Fla. 1st DCA 2000)