SEEVOLA LITTLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Littles was convicted of armed robbery and attempted second-degree murder. He appealed arguing that attempted second-degree murder is not a valid offense under Florida law because it allegedly requires proof of an intentional act where the underlying crime (second-degree murder) is defined as unintentional. The appellate court affirmed the conviction, holding that attempted second-degree murder is a valid crime in Florida.
Attempted second-degree murder is a valid offense under Florida law. One can be convicted of attempted second-degree murder upon showing: (1) intent to cause the death of a human being, but without premeditation, and (2) an overt act in furtherance of that intent. Intent to commit homicide is distinct from the premeditated design required for first-degree murder.
[1] The offense of attempted second-degree murder exists under Florida law.
[2] An attempt to commit a crime requires a specific intent to commit the underlying offense and a separate overt act towards its commission.
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Join FLexlaw to unlock all legal intelligence“An attempt consists of a specific intent to commit the crime, and a separate overt, ineffectual act done towards its commission.”
Establishes the legal elements required for attempt crimes under Florida law
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Join FLexlaw to unlock all legal intelligenceLittles was convicted of armed robbery and attempted second-degree murder. He moved to dismiss the attempted second-degree murder charge, arguing the …
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PER CURIAM.
Littles, convicted of armed robbery and attempted second-degree murder, appeals contending the court erroneously denied his motion to dismiss, which was predicated upon the argument that the offense of attempted second-degree murder does not exist under Florida law. We affirm.
An attempt consists of a specific intent to commit the crime, and a separate overt, ineffectual act done towards its commission. E. g., Hutchinson v. State, 315 So. 2d 546 (Fla. 2d DCA 1975). Second-degree murder is defined as:
The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, .
§ 782.04(2), Fla.Stat. (1977). Littles argues that a charge of attempted second-degree murder is fatally inconsistent and defective because it requires proof that the defendant intentionally committed an unintentional act.
Although this argument has not been addressed by the appellate courts in this state concerning the offense of attempted second-degree murder, the courts have repeatedly rejected the similar assertion that the offense of assault with intent to commit a felony, to wit: murder in the second degree, does not exist under Florida law. E. g., Knight v. State, 42 Fla. 546, 28 So. 759 (1900); Pyke v. State, 47 Fla. 93, 36 So. 577 (1904); Feagle v. State, 55 Fla. 13, 46 So. 182 (1908); Harvell v. State, 155 Fla. 556, 20 So. 2d 801 (Fla.1945); Dallas v. State, 170 So. 2d 486 (Fla. 2d DCA 1965); Wood v. State, 251 So. 2d 556 (Fla. 1st DCA 1971). Since the crime of assault with intent involves specific intent, as does an attempt, the rationale of the aforementioned cases clearly supports the conclusion that the crime of attempted second degree murder exists in Florida.
Furthermore, Littles’ contention hinges on the erroneous premise that intent is synonymous with premeditated design. Premeditated design to effect the death of a human being is more than simply an intent to commit homicide; it is “ . a fully formed and conscious purpose to take human life, formed upon reflection and deliberation, entertained in the mind, both before and at the time of the homicide.” McCutchen v. State, 96 So. 2d 152 (Fla.1957). Thus, one could be convicted of attempted second degree murder upon a showing of (1) intent to cause the death of a human being, but without premeditation, and (2) an overt act in furtherance of that intent.
AFFIRMED.
MILLS, C. J., and ROBERT P. SMITH, Jr. and SHIVERS, JJ., concur.
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Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998)…ate, 496 So. 2d 864, 865 (Fla. 2d DCA 1986); Williams v. State, 462 So. 2d 577 (Fla. 4th DCA), review denied, 472 So. 2d 1182 (Fla.1985); Morgan v. State, 417 So. 2d 1027 (Fla. 3d DCA 1982), review denied, 426 So. 2d 27 (Fla.1983); Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980). See Florida Std. Jury Instr. (Crim.), Schedule of Lesser Included Offenses. The difficulties that inhere in attempted second-degree murder are undeniable, if not novel. They were recognized prior to Gentry and the stated purpose…
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Tien Wang v. State, 426 So. 2d 1004 (Fla. 3d DCA 1983)…2d 334 (Fla.lst DCA 1969); Weaver v. State, 220 So. 2d 53 (Fla.2d DCA), cert. denied, 225 So. 2d 913 (Fla.1969). Thus, a “[premeditated design to effect the death of a human being is more than simply an intent to commit homicide,” Littles v. State, 384 So. 2d 744, 745 (Fla.1st DCA 1980), and more than an intention to kill must be proved to sustain a first-degree murder conviction. Miller v. State, 75 Fla. 136, 77 So. 669, 671 (1918). Guided by these principles, we are compelled to hold that the evidence add…
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hutchinson v. State, 315 So. 2d 546 (Fla. 2d DCA 1975)
- Consol. Shrimp Co. v. Allen, 96 So. 2d 152 (Fla. 1957)
- Knight v. State, 42 Fla. 546 (Fla. 1900)
- Pyke v. State, 47 Fla. 93 (Fla. 1904)
- Drew Feagle v. State, 55 Fla. 13 (Fla. 1908)
- Harvell v. State, 155 Fla. 556 (Fla. 1945)
- Earnest Dallas v. State, 170 So. 2d 486 (Fla. 2d DCA 1965)
- Wood v. State, 251 So. 2d 556 (Fla. 1st DCA 1971)