RAFAEL RIVERO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2001-07-12
No. SC00-806
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 1091 Florida Supreme Court (2001) Positive Treatment
Cited by 2 cases

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?

Rivero v. State, 752 So. 2d 1244, 1245 (Fla. 3d 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 Rivero 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 (Fla.2001).

ANSTEAD and PARIENTE, JJ., concur.


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  • Wilson v. State, 798 So. 2d 836 (Fla. 3d DCA 2001)
    …losing comments impermissibly suggested to the jury that there was additional, undisclosed evidence of defendant’s guilt, and the court erred in not granting a mistrial. Rivero v. State, 752 So. 2d 1244 (Fla. 3d DCA 2000), approved on other grounds, 790 So. 2d 1091 (Fla.2001); Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984); Ford v. State, 702 So. 2d 279 (Fla. 4th DCA 1997); Landry v. State, 620 So. 2d 1099 (Fla. 4th DCA 1993); Thompson v. State, 318 So. 2d 549 (Fla. 4th DCA 1975). The record demonstra…

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