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PER CURIAM. In the cause before us, we affirm Appellant’s convictions for attempted second degree murder, kidnapping with a firearm, attempted sexual battery without force likely to cause serious injury, and aggravated battery with a deadly weapon. In reliance upon Brown v. State, 733 So.2d 598 (Fla. 5th DCA), rev. granted, 744 So.2d 452 (Fla.1999), this court certified a question to the Florida Supreme Court as to whether attempted second degree murder is a recognized offense in this state. See Sain v. State, 786 So.2d 587 (Fla. 1st DCA 2000); Hagans v. State, 793 So.2d 975 (Fla. 1st DCA 2000). Those cases remain pending. Accordingly, we AFFIRM, but certify the following as a question of great public importance:
DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?
BOOTH, MINER and VAN NORTWICK, JJ., CONCUR.
Document Info
Docket Number: No. 1D98-3981
Citation Numbers: 795 So. 2d 970, 2000 Fla. App. LEXIS 9389, 2000 WL 1035995
Judges: Booth, Miner, Nortwick
Filed Date: 7/26/2000
Precedential Status: Precedential
Modified Date: 10/18/2024