Morgan v. State

Full title: WILLIAM R. MORGAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 23, 1982

417 So. 2d 1027 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2601.

July 6, 1982. Rehearing Denied August 23, 1982.

Appeal from the Circuit Court, Dade County, Thomas E. Scott, J.

Bennett H. Brummer, Public Defender and Lee Weissenborn, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

In Florida attempted second degree murder is recognized as a crime. Littles v. State, 384 So.2d 744 (Fla. 1st DCA 1980).

It is also a "necessarily included" lesser of the offense of attempted first degree murder, and therefore, the trial court was correct in giving such an instruction when the defendant was charged with attempted first degree murder. Brown v. State, 206 So.2d 377 (Fla. 1968).

Therefore the conviction, adjudication and sentence are affirmed.

Affirmed.