No. 95-1047 | Fla. Dist. Ct. App. | May 7, 1996
We reverse the appellant’s conviction for attempted third degree murder, a classification of attempted felony murder, because attempted felony murder is no longer recognized as a criminal offense in Florida. State v. Grinage, 656 So. 2d 457" court="Fla." date_filed="1995-05-18" href="https://app.midpage.ai/document/state-v-grinage-1695547?utm_source=webapp" opinion_id="1695547">656 So.2d 457 (Fla.1995); State v. Gray, 654 So. 2d 552" court="Fla." date_filed="1995-05-04" href="https://app.midpage.ai/document/state-v-gray-1774394?utm_source=webapp" opinion_id="1774394">654 So.2d 552 (Fla.1995). The appel-lee argues that this case should be remanded with directions to enter a judgment against the appellant for attempted manslaughter, a necessary lesser included offense of the crime originally charged, attempted first de
WHEN A DEFENDANT IS CHARGED WITH FIRST DEGREE MURDER AND IS CONVICTED BY A JURY OF THE PERMISSIVE LESSER OFFENSE OF ATTEMPTED THIRD DEGREE MURDER, A NONEXISTENT CRIME, DOES STATE V. GRAY, 654 So.2D 552 (Fla.1995), PERMIT THE TRIAL COURT, UPON REVERSAL OF THE CONVICTION AND REMAND, TO ENTER JUDGMENT FOR THE OFFENSE OF ATTEMPTED MANSLAUGHTER, A NECESSARY LESSER INCLUDED OFFENSE OF THE CRIME CHARGED?
We affirm the appellant’s conviction for second degree murder. AFFIRMED IN PART AND REVERSED IN PART.