Opinion
No. 96-04308.
October 30, 1998. Rehearing Denied January 6, 1999.
Appeal from the Circuit Court for Pinellas County; Joseph Donahey, Judge.
James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.
Curt A. Massie appeals his conviction for attempted second-degree murder. We find no merit in his appeal. This court has recently aligned itself with the Fifth District's view that follows existing precedent and leaves to the supreme court the task of deciding whether its decision in State v. Gray, 654 So.2d 552 (Fla. 1995), eliminates the crime of attempted second-degree murder. See Quesenberry v. State, 711 So.2d 1359 (Fla. 2d DCA 1998) (citing Watkins v. State, 705 So.2d 938 (Fla. 5th DCA 1998)).
Affirmed.
FULMER and CASANUEVA, JJ., Concur.