Opinion
No. 3D98-1574.
Opinion filed May 10, 2000.
An appeal from the Circuit Court for Dade County, Martin D. Kahn, Judge, L.T. No. 95-2061A.
Charles G. White, for appellant.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.
Before COPE, SHEVIN and SORONDO, JJ.
On Motion for Rehearing
We find no merit in the motion for rehearing and deny it.
However, during the pendency of this appeal, this court has certified the following question of great public importance:
DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?
Rivero v. State, 25 Fla. L. Weekly D 568-69 (Fla. 3d DCA March 8, 2000); see also Sain v. State, 25 Fla. L. Weekly D 886 (Fla. 1st DCA April 4, 2000); Durham v. State, 25 Fla. L. Weekly D 763-64 (Fla. 5th DCA March 24, 2000); Hagans v. State, 25 Fla. L. Weekly D 595 (Fla. 1st DCA March 6, 2000); Brown v. State, 733 So.2d 598 (Fla. 5th DCA), review granted, 744 So.2d 452 (Fla. 1999). So that this case may be treated consistently, we certify the same question.
Rehearing denied; question certified.