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711 So. 2d 1359

Docket No. 95-04971.

Quesenberry v. State

Jeffrey QUESENBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 17, 1998.

District Court of Appeal of Florida · decided 1998-06-17

Key passage — most relied on by later courts

“We ... leave to the supreme court the task of deciding whether its decision in [ State v. Gray ] eliminates the crime of attempted second degree murder”

quoted by 1 later decision, including Brown v. State

Relies on 654 So. 2d 552 - State v. Gray · 705 So. 2d 938 - Watkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-17

How this case has been cited

Cited by 8 later decisions — most recently October 2017

8 state decisions

50199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Regina W. Tebrugge, Sarasota, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

¶3PER CURIAM.

¶4In this appeal, Jeffrey Quesenberry challenges his conviction and sentence for attempted second-degree murder with a firearm. We have reviewed the record on appeal as well as the supplemental record and find no merit to the issues raised in the briefs.

¶5At oral argument, the defendant asked this court to consider whether the crime of attempted second-degree murder is still recognized in Florida. We align ourselves with the Fifth District's view that we should follow existing precedent that recognizes this crime and leave to the supreme court the task of deciding whether its decision in State v. Gray,654 So.2d 552 (Fla.1995), eliminates the crime of attempted second-degree murder. See Watkins v. State,705 So.2d 938 (Fla. 5th DCA 1998).

¶6Affirmed.

¶7FRANK, A.C.J., and ALTENBERND and FULMER, JJ., concur.

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