Durham v. State

Full title: ROGER DURHAM, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 24, 2000

753 So. 2d 781 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-1890.

Opinion filed March 24, 2000.

Appeal from the Circuit Court for Orange County, Jay Paul Cohen, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. We affirm Roger Durham's conviction for attempted second degree murder, but we certify the following question to be of great public importance:

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

See Brown v. State, 733 So.2d 598 (Fla. 5th DCA) (certifying question), rev. granted, 744 So.2d 452 (Fla. 1999).

PETERSON, THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.