Darnell L. BROWN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
DAUKSCH, J.
Appellant was convicted of attempted second degree murder which he says is a "nonexistent" crime. He says that because an attempt requires specific intent and second degree murder is a general intent crime, there can be no attempt to commit a crime which does not require intent. There are many cases from the appellate courts and many learned opinions; majority, concurring, and dissents discussing this issue. See State v. Gray,
The time has come for our supreme court to directly address and put to rest this question which we certify as being of great public importance.
DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?
In the meantime we stick with our precedent and affirm the conviction.
AFFIRMED.
PETERSON and ANTOON, JJ., concur.
