ROGER DURHAM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2001-07-12
No. SC00-913
WELLS, C.J., and SHAW, LEWIS and QUINCE, JJ., concur., HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.
790 So. 2d 1090 Florida Supreme Court (2001)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review a decision on the following question certified to be of great public importance:

DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?

Durham v. State, 753 So. 2d 781, 781 (Fla. 5th DCA 2000). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We recently answered the same certified question in the affirmative in Brown v. State, 790 So. 2d 389 (Fla.2001). Accordingly, we approve the result in Durham on this issue.

It is so ordered.

WELLS, C.J., and SHAW, LEWIS and QUINCE, JJ., concur. HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.

Dissent
HARDING, J.,

HARDING, J.,

dissenting.

I dissent for the reasons stated in my dissenting opinion in Brown v. State, 790 So. 2d 389, 390-98 (Fla.2001).

ANSTEAD and PARIENTE, JJ., concur.


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