CHARLES E. WILLIAMS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Upon being granted full appellate review, Hollingshead v. Wainwright, 194 So. 2d 577 (Fla. 1967)T the defendant appeals his conviction of guilty of one count of aggravated assault and of one count of assault with intent to commit second degree murder. We affirm.
Defendant raises three points, two in which he challenges the sufficiency of the evidence, and one in which he argues that assault with intent to commit second degree murder is not a crime. Based upon a review of the record and transcript we find sufficient substantial evidence to sustain defendant’s conviction on both counts. Furthermore, we hold that assault with intent to commit second degree murder is a crime, Wood v. State, 251 So. 2d 556 (1st D.C.A.Fla.1971).
Defendant’s conviction and sentence are therefore affirmed.
OWEN, C. J., and WALDEN and MA-GER, JJ., concur.
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Citator
Cited By
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McKINON v. Louie L. Wainwright, 705 F.2d 419 (11th Cir. 1983)…er because conviction for attempt requires intent while absence of intent is an element of the crime of second degree murder. Florida law, which is controlling on this point, squarely contradicts petitioner’s assertions. See Williams v. Wainwright, 312 So. 2d 552 (Fla. 4th DCA 1975); Wood v. State, 251 So. 2d 556 (Fla. 1st DCA 1971); Dallas v. State, 170 So. 2d 486 (Fla. 2d DCA 1965). Under Florida case law, assault with intent to commit second degree murder is defined as an unlawful assault with intent to k…
Authorities Cited
- Cleveland Hollingshead v. Louie L. Wainwright, 194 So. 2d 577 (Fla. 1967)
- Wood v. State, 251 So. 2d 556 (Fla. 1st DCA 1971)