Destra v. State, 673 So. 2d 992 (Fla. 3d DCA 1996). · Go Syfert
Search
Destra v. State, 673 So. 2d 992 (Fla. 3d DCA 1996). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
Ronald DESTRA
v.
The STATE of Florida
No. 95-3177.
District Court of Appeal of Florida, Third District.
Jun 5, 1996.
673 So. 2d 992
1996 Fla. App. LEXIS 5921
1996 WL 294880
Bennett H. Brummer, Public Defender, and Julie M. Levitt, Assistant Public Defender, for appellant., Robert A. Butterworth, Attorney General, and Sylvie Perez-Posner, Assistant Attorney General, for appellee.
Goderich, Green, Jorgenson.
Published
PER CURIAM.

Upon the State’s proper confession of error, we reverse defendant’s conviction for[*993] attempted first-degree felony murder and remand for a new trial on the charge of attempted premeditated murder. See State v. Gray, 654 So.2d 552 (Fla.1995) (crime of attempted first-degree felony murder does not exist).[1]

Our disposition of this ease renders the remaining issues on appeal moot.

Reversed and remanded with directions.

1

Defendant was charged with two counts of attempted first-degree murder with a firearm that specifically charged either "premeditated design ... and/or while engaged in the perpetration of, or in an attempt to perpetrate any rob-beiy and/or burglary.” The jury found the defendant guilty “as charged.”