Opinion
No. SC00-806
Opinion filed July 12, 2001.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance Third District — Case No. 3D99-442 (Dade County)
Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Petitioner Robert A. Butterworth, Attorney General, Michael J. Neimand, Bureau Chief, and Alison B. Cutler, Assistant Attorney General, Fort Lauderdale, Florida, for Respondent
We have for review a decision on the following question certified to be of great public importance:
DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?
Rivero v. State, 752 So.2d 1244, 1245 (Fla. 3d DCA 2000). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We recently answered the same certified question in the affirmative in Brown v. State, 26 Fla. L. Weekly S382 (Fla. Oct. 5, 2000). Accordingly, we approve the result in Rivero on this issue.
It is so ordered.
WELLS, C.J., and SHAW, LEWIS, and QUINCE, JJ., concur.
HARDING, J., dissents with an opinion, in which ANSTEAD and PARIENTE, JJ., concur.
I dissent for the reasons stated in my dissenting opinion in Brown v. State, 26 Fla. L. Weekly S382 (Fla. Oct. 5, 2000).
ANSTEAD and PARIENTE, JJ., concur.