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Gilyard v. State

District Court of Appeal of Florida, First District
Oct 14, 1998
718 So. 2d 888 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-4575

September 9, 1998. Rehearing Denied October 14, 1998

An appeal from the Circuit Court for Duval County, Jack M. Schemer, Judge.

Nancy A. Daniels, Public Defender; and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; and Randy L. Havlicak, Assistant Attorney General, Tallahassee, for Appellee.


Lamontique Lavell Gilyard appeals his conviction for attempted second degree murder. Gilyard argues that the rationale of State v. Gray, 654 So.2d 552 (Fla. 1995), should be extended to preclude conviction of that crime. We reject that argument under the authority of Gentry v. State, 437 So.2d 1097 (Fla. 1983). See also Galdamez v. State, 713 So.2d 1128 (Fla. 3d DCA 1998); Quesenberry v. State, 711 So.2d 1359 (Fla. 2d DCA 1998); Pitts v. State, 710 So.2d 62, 62-63 (Fla. 3d DCA 1998); and Watkins v. State, 705 So.2d 938, 939 (Fla. 5th DCA 1998).

AFFIRMED.

BARFIELD, C.J., DAVIS, J., and SHIVERS, DOUGLASS B., Senior Judge, concur.


Summaries of

Gilyard v. State

District Court of Appeal of Florida, First District
Oct 14, 1998
718 So. 2d 888 (Fla. Dist. Ct. App. 1998)
Case details for

Gilyard v. State

Case Details

Full title:LAMONTIQUE LAVELL GILYARD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 14, 1998

Citations

718 So. 2d 888 (Fla. Dist. Ct. App. 1998)