CORDALE D. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-06-21
No. 2D99-2400
THREADGILL, A.C.J., and STRINGER, J., Concur.
761 So. 2d 1172 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 8 cases


Opinion of the Court
SCHEB, JOHN M„ (Senior) Judge.

SCHEB, JOHN M„ (Senior) Judge.

Cordale Smith challenges the judgment and sentence imposed after the jury convicted him of attempted second-degree murder. In his sole argument on appeal, he contends that after the Florida Supreme Court’s decision in State v. Gray, 654 So. 2d 552 (Fla.1995), the offense of attempted second-degree murder no longer exists in Florida. We affirm his conviction on the basis of Quesenberry v. State, 711 So. 2d 1359 (Fla. 2d DCA 1998). However, the supreme court has accepted jurisdiction of Brown v. State, 733 So. 2d 598 (Fla. 5th DCA), review granted, 744 So. 2d 452 (Fla.1999), wherein the Fifth District certified the following question as one of great public importance;

DOES THE CRIME OF ATTEMPTED SECOND DEGREE MURDER EXIST IN FLORIDA?

We certify the same question.

Affirmed.

THREADGILL, A.C.J., and STRINGER, J., Concur.


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Citator

Cited By

  • Barbosa v. State, 769 So. 2d 1123 (Fla. 2d DCA 2000)
    …nder the 1994 guidelines, absent a departure sentence. If the court enters an order declaring that resentencing pursuant to Heggs is unnecessary, it should attach to its order the record documents used to justify that conclusion. See Smith v. State, 761 So. 2d 1172 (Fla. 2d DCA 2000). Affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion. PARKER, A.C.J., and GREEN and CASANUEVA, JJ., Concur.…
  • Tillery v. State, 769 So. 2d 1124 (Fla. 2d DCA 2000)
    …998). The Florida Supreme Court recently held that the 1995 sentencing guidelines were unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000). Therefore, we reverse and remand for a reconsideration of Tillery’s sentence. See Smith v. State, 761 So. 2d 1172 (Fla. 2d DCA 2000). [*1125] Reversed and remanded for further proceedings consistent with this opinion. THREADGILL, A.C.J., and PARKER and CASANUEVA, JJ., Concur.…
  • Gallon v. State, 771 So. 2d 54 (Fla. 2d DCA 2000)
    …tence at the time he committed his offense. If the court enters an order stating that resentencing is unnecessary, it shall attach documents necessary to support its conclusion. See George v. State, 760 So. 2d 293 (Fla. 2d DCA 2000); Smith v. State, 761 So. 2d 1172 (Fla. 2d DCA 2000). We note, that Gallon also claims that the trial court improperly denied his motion for rehearing as untimely. It appears to us that it was timely pursuant to the mailbox rule. See Thompson v. State, 761 So. 2d 324(Fla.2000); Haa…

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