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733 So. 2d 598

Docket No. 99-262.

Brown v. State

Darnell L. BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 11, 1999.

District Court of Appeal of Florida · decided 1999-06-11

Cited by 19 later decisions — most recently August 2001

19 state decisions

Key passage — most relied on by later courts

“DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?”

quoted by 10 later decisions, including Durham v. State, Rivero v. State

“Since Gray was confined, by its terms, to the offense of attempted first degree felony murder, and since the Florida Supreme Court has expressly recognized the existence of the crime of attempted second degree murder and further, has held that the crime is one requiring only general intent, not the specific intent to kill, we reject the defendant's argument on this point.”

quoted by 1 later decision, including 756 So. 2d 224 - Marti v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1999-06-11

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

¶3DAUKSCH, J.

¶4Appellant was convicted of attempted second degree murder which he says is a "nonexistent" crime. He says that because an attempt requires specific intent and second degree murder is a general intent crime, there can be no attempt to commit a crime which does not require intent. There are many cases from the appellate courts and many learned opinions; majority, concurring, and dissents discussing this issue. See State v. Gray,654 So.2d 552, 553-54 (Fla.1995)(ruling that there is no crime of attempted felony *599 murder); Quesenberry v. State,711 So.2d 1359 (Fla. 2d DCA 1998)("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"); Pitts v. State,710 So.2d 62, 62-63 (Fla. 3d DCA 1998)(holding that the crime is recognized and "requir[es] only general intent, not the specific intent to kill"); Watkins v. State,705 So.2d 938, 940 (Fla. 5th DCA 1998)(Cobb, J., concurring specially)(citing State v. Gray and stating that "[i]f the crime of attempted felony murder does not exist, then neither, it would seem, could the crime of attempted second degree murder ...").

¶5The time has come for our supreme court to directly address and put to rest this question which we certify as being of great public importance.

DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?

¶6In the meantime we stick with our precedent and affirm the conviction.

¶7AFFIRMED.

¶8PETERSON and ANTOON, JJ., concur.

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