Quesenberry v. State, 711 So. 2d 1359

Regina W. Tebrugge, Sarasota, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

In this appeal, Jeffrey Quesenberry challenges his conviction and sentence for attempted second-degree murder with a firearm. We have reviewed the record on appeal as well as the supplemental record and find no merit to the issues raised in the briefs.

At oral argument, the defendant asked this court to consider whether the crime of attempted second-degree murder is still recognized in Florida. We align ourselves with the Fifth District‘s view that we should follow existing precedent that recognizes this crime and leave 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 Watkins v. State, 705 So.2d 938 (Fla. 5th DCA 1998).

Affirmed.

FRANK, A.C.J., and ALTENBERND and FULMER, JJ., concur.

Case Details

Case Name: Quesenberry v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 17, 1998

Citations: 711 So. 2d 1359; 23 Fla. L. Weekly Fed. D 1513; 95-04971

Docket Number: 95-04971

Court Abbreviation: Fla. Dist. Ct. App.