Harell v. State, 727 So. 2d 407 (Fla. 5th DCA 1999). · Go Syfert
Search
Harell v. State, 727 So. 2d 407 (Fla. 5th DCA 1999). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
Warren HARELL
v.
STATE of Florida
No. 98-1219.
District Court of Appeal of Florida, Fifth District.
Mar 12, 1999.
Published opinion
727 So. 2d 407
1999 Fla. App. LEXIS 2695
1999 WL 128736
James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
Dauksch, Goshorn, Harris.
Published
HARRIS, J.

Harell was charged with attempted first degree murder. The jury returned a verdict of attempted second degree murder. He appeals claiming that the jury venire was improperly summoned and that there is no such crime as attempted second degree murder.

[*408] We have previously ruled against Harell on the jury issue. See Williams v. State, 724 So.2d 724 (Fla. 5th DCA 1999).

The views that an attempt to commit one crime cannot, under Blockburger, be the lesser included offense of an attempt to commit another crime and that since one cannot attempt a happenstance, one cannot attempt second degree murder, did not prevail. Alas, neither can Harell. See Watkins v. State, 705 So.2d 938, 941-43 (Fla. 5th DCA 1998) (Harris, J., dissenting).

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.