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673 So. 2d 992

Destra v. State

District Court of Appeal of Florida · decided 1996-06-05

Relies on 654 So. 2d 552 - State v. Gray

Decided 1996-06-05

PER CURIAM.

¶1Upon the State’s proper confession of error, we reverse defendant’s conviction for *993attempted first-degree felony murder and remand for a new trial on the charge of attempted premeditated murder. See State v. Gray, 654 So.2d 552 (Fla.1995) (crime of attempted first-degree felony murder does not exist).1

¶2Our disposition of this ease renders the remaining issues on appeal moot.

¶3Reversed and remanded with directions.

¶4. Defendant was charged with two counts of attempted first-degree murder with a firearm that specifically charged either "premeditated design ... and/or while engaged in the perpetration of, or in an attempt to perpetrate any rob-beiy and/or burglary.” The jury found the defendant guilty “as charged.”

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