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660 So. 2d 272

660 So.2d 272

20 Fla.L.WeeklySupp. 472

State v. Miller

Supreme Court of Florida

Decided September 14, 1995

Supreme Court of Florida · decided 1995-09-14

Cited by 2 later decisions — most recently September 1996

2 state decisions

Relies on 654 So. 2d 552 - State v. Gray · 456 So. 2d 448 - Amlotte v. State · Miller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-09-14

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HARDING, Justice.

¶1We have for review the following question certified to be of great public importance:

WHETHER THE “OVERT ACT” REFERRED TO IN AMLOTTE v. STATE, 456 So.2d 448, 449 (Fla.1984), INCLUDES ONE, SUCH AS FLEEING, WHICH IS INTENTIONALLY COMMITTED BUT IS NOT INTENDED TO KILL OR INJURE ANOTHER.

¶2Miller v. State, 651 So.2d 1313 (Fla. 3d DCA 1995). We have jurisdiction based on article V, section 3(b)(4) of the Florida Constitution.

¶3We recently addressed the identical certified question in State v. Gray, 654 So.2d 552 (Fla.1995). (Collin Gray and Miller were codefendants who were tried jointly.) In Gray, we found it unnecessary to answer the question because we receded from our holding in Amlotte that there is a criminal offense of attempted felony murder in Florida. Id. at 552-53.

¶4Based on our decision in Graythat there is no crime of attempted felony murder, we do not need to answer the certified question in the instant ease. We approve the result of Miller, where the district court reversed Miller’s conviction for attempted first-degree felony murder, affirmed his conviction of armed robbery, and remanded for resentencing.

¶5It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
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