Opinion
No. 95-3177.
June 5, 1996.
An Appeal from the Circuit Court for Dade County, Jeffrey Rosinek, Judge.
Bennett H. Brummer, Public Defender, and Julie M. Levitt, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Sylvie Perez-Posner, Assistant Attorney General, for appellee.
Before JORGENSON, GODERICH and GREEN, JJ.
Upon the State's proper confession of error, we reverse defendant's conviction for attempted 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).
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 robbery and/or burglary." The jury found the defendant guilty "as charged."
Our disposition of this case renders the remaining issues on appeal moot.
Reversed and remanded with directions.