Galdamez v. State

Full title: JOSE ALEJANDRO GALDAMEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jul 29, 1998

713 So. 2d 1128 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2802

Opinion filed July 29, 1998. JULY TERM, A.D. 1998

An appeal from the Circuit Court for Dade County, Barbara S. Levenson, Judge; L.T. No. 96-5898

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., COPE, and SORONDO, JJ.

PER CURIAM.

Jose Alejandro Galdamez appeals his conviction for attempted second-degree murder as a lesser-included offense of attempted first-degree murder. He contends under the logic of State v. Gray, 654 So.2d 552 (Fla. 1995), there should be no such crime as attempted second-degree murder. We reject that argument on authority of Gentry v. State, 437 So.2d 1097 (Fla. 1983), andPitts v. State, 710 So.2d 62 (Fla. 3d DCA 1998).

Affirmed.