Opinion
No. SC00-913
Opinion filed July 12, 2001.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance Fifth District — Case No. 5D99-1890 (Orange County)
James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner Robert A. Butterworth, Attorney General, and Kellie A. Nielan and Wesley Heidt, Assistant Attorneys General, Daytona Beach, 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?
Durham v. State, 753 So.2d 781, 781 (Fla. 5th 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 Durham 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, S382-85 (Fla. Oct. 5, 2000).
ANSTEAD and PARIENTE, JJ., concur.