The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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The charges against appellant stemmed from his role as office manager of a pain clinic, which was operating as a pill mill in Palm Beach County. The clinic was ultimately shut down resulting in numerous arrests. Appellant was charged with conspiracy to traffic in hydromorphone, pursuant to sections 777.04(3) and 893.135(1)(c)1.b. and (5), Florida Statutes (2009), which require the amount of drugs involved to be between 14 and 28 grams. The information alleged that the conspiracy occurred on February 27, 2009.Fla. Stat. § 777.04 states: "A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy." Fla. Stat. § 777.04(3).Under Florida law, criminal attempt occurs when a defendant commits "any act toward the commission of [an offense prohibited by law], but fails in the perpetration or is intercepted or prevented in the execution thereof . . . ." § 777.04(1), Fla. Stat. (2009). To establish the crime of attempt, the State must prove the defendant intended to commit a crime, committed an overt act towards its commission, and failed to successfully complete the crime. See Bist v. State, 35 So.3d 936, 941 (Fla. 5th DCA 2010). The overt act element differentiates criminal attempt from solicitation, the latter of which is completed when a person asks another to commit a crime with the intent that the other commit the crime. See State v. Johnson, 561 So.2d 1321, 1323 (Fla. 4th DCA 1990); see also § 777.04(2), Fla. Stat. (2009). "An overt act is one that manifests the pursuance of a criminal intent, going beyond mere preparation to the actual commencement of the crime." Bist, 35 So.3d at 941; see also Groneau v. State, 201 So.2d 599, 603 (Fla. 4th DCA 1967) (explaining for the overt act element to be established, "[t]here must be some appreciableHere, the information for the conspiracy offenses in counts two, three, and four cited § 777.04(3), Florida Statutes. Resp. Ex. B at 122-23. Florida's Standard Jury Instruction for criminal conspiracy under § 777.04(3) contains the language “by some other person.” Fla. Std. Jury Instr. 5.3. And the oral and written jury instructions given at trial tracked the language in the standard instruction. Resp. Ex. A at 1543-50; Resp. Ex. C at 1053-56. As such, the instructions were proper, and the Court cannot find that any alleged error so infected the entire trial that Petitioner's resulting convictions amounted to a due process violation. Thus, Petitioner has failed to demonstrate that his appellate counsel was ineffective for failing to raise this issue on appeal. Upon thorough review of the record and the applicable law, the Court finds that the state court's decision to deny Petitioner's claim was neither contrary to nor an unreasonable application of Strickland, and it was not based on an unreasonable determination of the facts given the evidence presented to the state court. See 28 U.S.C. § 2254(d). Ground Twelve is denied.Attempted first-degree murder is a first-degree felony. See § 777.04(4)(b), Fla. Stat. Here, however, the trial court entered a judgment listing Count III as a life felony. Stewart argues in his petition that this was error and that his appellate counsel should have challenged the trial court's reclassification of Count III. Specifically, Stewart argues that the trial court erroneously enhanced his sentence for Count III where the jury returned no special verdict that he possessed a weapon during the actions giving rise to Count III of the indictment.The charges against appellant stemmed from his role as office manager of a pain clinic, which was operating as a pill mill in Palm Beach County. The clinic was ultimately shut down resulting in numerous arrests. Appellant was charged with conspiracy to traffic in hydromorphone, pursuant to sections 777.04(3) and 893.135(1)(c)1.b. and (5), Florida Statutes (2009), which require the amount of drugs involved to be between 14 and 28 grams. The information alleged that the conspiracy occurred on February 27, 2009.Second-degree murder is a first-degree felony. § 782.04(2), Fla. Stat. (2014). The offense of criminal attempt is ranked one level below the completed offense. § 777.04(4)(a), Fla. Stat. (2014). Thus, before reclassification, Appellant's charge was that of a second-degree felony. The State then appears to have pursued reclassification due to the firearm, which, if properly done, would have reclassified the second-degree felony to a first-degree felony. See § 775.087(1), Fla. Stat. (2014) ("[W]henever a person is charged with a felony ... and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm ... the felony for which the person is charged shall be reclassified ... in the case of a felony of the second degree, to a felony of the first degree.").The three elements of attempted first-degree murder are: "(1) an act intending to cause death that went beyond just thinking or talking about it; (2) premeditated design to kill; and (3) commission of an act which would have resulted in the death of the victim except that someone prevented the defendant from killing the victim or the defendant failed to do so." Gordon v. State , 780 So. 2d 17, 21 (Fla. 2001), receded from on other grounds in Valdes v. State , 3 So. 3d 1067, 1077 (Fla. 2009) ; Fla. Std. Jury Instr. (Crim.) 6.2; §§ 777.04, 782.04, Fla. Stat. (2015).Attempted robbery with a firearm or a deadly weapon is a second-degree felony. §§ 777.04( 4)(c), 812.13(2)(a), Fla. Stat. (2005). Although the written judgments contained in the postconviction record designate the crime as a first-degree felony, the postconviction record does not show that the crime was, or could have been, lawfully reclassified as a first-degree felony, and section 775.082 does not provide for judicial review of second-degree felony convictions. Regardless, Mr. Taylor's sentence does not violate the Eighth Amendment to the United States Constitution, so he is not entitled to judicial review of his sentence pursuant to sections 775.082 and 921.1402. See Pedroza v. State , 291 So. 3d 541, 548-49 (Fla. 2020) (juvenile's forty-year sentence was not the functional equivalent of a life sentence and did not violate the Eighth Amendment); State v. Michaud , 320 So. 3d 860, 862 (Fla. 2d DCA 2021) ("Michaud is not entitled to relief under section 921.1402 because his offense occurred prior to July 1, 2014, and his sentence is constitutional."); Melvis v. State , 305 So. 3d 763, 766 (Fla. 2d DCA 2020) (juvenile defendant's thirty-year sentence was not… By second amended information filed March 7, 2016, in Escambia County Circuit Court Case 2015-CF-1836, the State of Florida charged Petitioner Terrill Lamar Jenkins with five counts, in connection with events that occurred on or about April 26, 2015: (1) attempted first degree premeditated murder with a firearm, a life felony, in violation of sections 777.04, 782.04, 784.021, and 775.087, Florida Statutes; (2) burglary of a dwelling with assault or battery, a first degree felony, in violation of sections 810.02(1)(b) and (2)(a), Florida Statutes; (3) aggravated assault by threat with a firearm, a third degree felony, in violation of sections 784.21(1)(a) and 775.087(2), Florida Statutes; (4) petit theft, a misdemeanor, in violation of sections 812.014(1)(a) and (b), and 812.014(3)(a), Florida Statutes; and (5) possession of a firearm by a convicted felon, a second degree felony, in violation of sections 790.23(1)(a) and 775.087(2), Florida Statutes. Ex. D at 294-95; see Ex. A at 1-2 (information), 6-8 (amended information).1Jenkins proceeded to a jury trial on May 4, 2016. Ex. E at 36-371 (trial transcript). Jenkins did not testify. Id. at 262-63. The jury found him… . . . See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). . . .
. . . , if Delivery of More than 20 Grams of Cannabis is charged Attempt, except when delivery is charged 777.04 . . . *Possession of a controlled 893.13(6) 25.7 substance, if possession is charged Attempt, except when 777.04 . . . *None Attempt 777.04(1) 5.1 Comments *It is unclear if the courts will determine that Possession of a . . . None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1981 and amended in 1989 [543 So.2d . . . Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04 . . .
. . . Stat. (2017) ; § 777.04(1), Fla. Stat. (2017). . . .
. . . Knowingly Giving 837.055(1) 21.15 False Information Concerning a Felony Criminal Investigation Attempt 777.04 . . .
. . . Stat. (2015) ; one count of attempted robbery with a deadly weapon, see §§ 812.13, 777.04, Fla. . . . and one count of attempted burglary of a conveyance "with a deadly weapon," see §§ 810.02, 775.087, 777.04 . . .
. . . Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2009 [3 So.3d 1172] and amended in 2013 . . . None Attempt 777.04(1) 5.1 Comment A misdemeanor instruction was adopted in 1981 as part of Standard . . . DUI 316.193(1) 28.1 Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2009 [6 So.3d 574] . . . ONE TWO Driving under 316.193(1) 28.1 the influence Attempt 777.04(1) 5.1 Driving under 316.193(3)(a) . . . None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2009 [6 So.3d 574] and amended in . . .
. . . . § 777.04(1). . . .
. . . See §§ 777.04(4)(a); 782.07(1), Fla. Stat. (2016). . . .
. . . None Attempt 777.04(1) 5.1 Assault 784.011 8.1 Comments The statute may raise First Amendment concerns . . .
. . . None Attempt 777.04(1) 5.1 Comment This instruction was approved in 1981 and amended in 2018. 8.4(a) . . . Battery 784.03 8.3 Attempt 777.04(1) 5.1 Comment This instruction was approved in 2007 [962 So.2d 310 . . . TWO Battery 784.03 8.3 Attempt 777.04(1) 5.1 Comments See Spurgeon v. . . . Battery 784.03 8.3 Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1997 [697 So.2d 84] . . .
. . . 8.1 charged) Grand theft - first 812.014(2)(a) 14.1 degree Display of a weapon 790.07(4) 10.4 Attempt 777.04 . . . vehicle Assault (if assault was 784.011 8.2 charged) Aggravated Battery 784.045 8.4 Attempted Carjacking 777.04 . . . 812.014(3)(a) 14.1 degree Assault 784.011 8.1 Grand theft - first 812.014(2)(a) 14.1 degree Attempt 777.04 . . .
. . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction 741.31(4) 8.18 for protection against . . . None Attempt 777.04(1) 5.1 Comments The crime of Violation of an Injunction for Protection Against Exploitation . . . ONE TWO None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2018. . . .
. . . Paramedic) Third degree (felony) 782.04(4) 7.6 murder Vehicular homicide 782.071 7.9 (Nonhomicide lessers) 777.04 . . . Attempted Second Degree Murder Aggravated Battery 784.045 8.4 Attempted 782.07 and 6.6 Manslaughter by Act 777.04 . . .
. . . None Attempt 777.04(1) 5.1 Comment s This crime does not apply to a state or local officer as defined . . . None Attempt 777.04 5.1 Comments Pursuant to § 817.60(8), Fla. . . . None Attempt 777.04(1) 5.1 Comments Effective October 1, 2012, if the photograph, motion picture, exhibition . . . None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2016 [190 So.3d 614] and amended in . . . None Attempt 777.04(1) 5.1 Comments It is not necessary for the State to prove that the slot machine . . .
. . . None Arson - second degree 806.01(2) 12.2 Attempt 777.04(1) 5.1 Criminal mischief 806.13 12.4 Comment . . . Burglary 810.02(4) 13.1 Attempt 777.04(1) 5.1 Trespass 810.08(2)(a) 13.3 Trespass 810.08(2)(b) 13.3 Trespass . . . None Attempt 777.04(1) 5.1 Trespass 810.08(2)(a) 13.3 Trespass 810.08(2)(b) 13.3 Trespass 810.08(2)(c . . . None Attempt (except refuse 777.04(1) 5.1 to depart) Comment This instruction was adopted in 1981 and . . . None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1981 and amended in 1985,2012 [87 . . .
. . . ." § 777.04(1), Fla. Stat. (2015). . . . reached the level of an overt act leading to the commission of sexual battery as required by section 777.04 . . . offense, but fails in the perpetration or is intercepted or prevented in the execution thereof." § 777.04 . . . overt act analysis for other crimes, see Bist , but is also in conflict with a plain reading of section 777.04 . . .
. . . None Attempt 777.04(1) 5.1 Assault 784.011 8.1 Battery 784.03 8.3 Unnatural and 800.02* 11.8* lascivious . . . None Aggravated battery 784.045(1) 8.4 Attempt 777.04(1) 5.1 Felony battery 784.041(1) 8.5 Aggravated . . . Give if applicable. § 777.04(2), Fla. Stat. . . . None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2015 [163 So.3d 478] and amended in . . . None Attempt 777.04(1) 5.1 Comments This crime does not apply to accepted animal husbandry practices, . . .
. . . He contends that he was actually convicted under section 777.04, therefore section 775.082(3)(a) 5. does . . . See generally § 777.04(1), Fla. . . .
. . . Raymond was convicted under sections 784.04(2), 777.04(1), 775.087(1), 775.087(2)(a)1., and 775.087(2 . . .
. . . felony alleged) is not a capital felony, life felony, or first degree felony punishable by life] Attempt 777.04 . . . None Attempt 777.04(1) 5.1 Comments The statute often raises constitutional concerns. . . .
. . . None Attempt 777.04(1) 5.1 Criminal Mischief 806.13 12.4 Discharging firearm in 790.15 10.6 public Comment . . . None Attempt 777.04(1) 5.1 Comment s Pursuant to § 790.221(3), Fla. . . . Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon by a Convicted Felon is charged Attempt 777.04 . . . Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon is charged Attempt 777.04(1 . . .
. . . None Attempt 777.04(1) 5.1 Comments *In Chapter 2015-44, Laws of Florida, the Legislature amended § 790.01 . . . None Attempt 777.04(1) 5.1 Assault 784.011 8.1 Comments * A claim that a firearm is an antique firearm . . . None Attempt 777.04(1) 5.1 Comments As of February 2018, it was undecided whether the courts would use . . . (1) 13.5(a) Grounds or Facility (if no legitimate business or student suspended is charged) Attempt 777.04 . . .
. . . 817.5685* 20.18(a)* Possession of the Personal Identification Information of Another Person Attempt 777.04 . . . possession of and other unlawful acts in relation to driver's license or identification card Attempt 777.04 . . . possession of and other unlawful acts in relation to driver's license or identification card Attempt 777.04 . . . possession of and other unlawful acts in relation to driver's license or identification card Attempt 777.04 . . . possession of and other unlawful acts in relation to driver's license or identification card Attempt 777.04 . . .
. . . of conspiracy to commit the felony of tampering with a victim, in violation of sections 914.22 and 777.04 . . .
. . . . § 777.04(1), Fla. Stat. (2009) ; Fla. Std. Jury Instr. (Crim.) 5.1. . . .
. . . Second, section 777.04(4)(c) applies to an attempted second degree murder, classifying the offense(one . . . case, we harmonize, to the extent we can, the apparent inconsistency between sections 775.0823(5) and 777.04 . . . As a result, we conclude that we cannot ignore the command of section 777.04(4)(c), which reduces Graves . . .
. . . section 847.0135(4)(b) ; (3) attempted lewd battery on a child in violation of sections 800.04(4) and 777.04 . . .
. . . . §§ 777.04(3) and 893.135(5) by conspiring to commit the Count 1 offense. . . . unlawful Trafficking in Cocaine, or any mixture containing cocaine, as described in s. 893.135(5) and s. 777.04 . . . Stat. § 777.04(3), "[a] person who agrees, conspires, combines, or confederates with another person or . . .
. . . which, in whole or in part, was known by defendant to include any sexual conduct by a child Attempt 777.04 . . . Less 893.13(6)(b) 25.7 than 20 Grams of Cannabis if the felony level of cannabis is charged Attempt 777.04 . . . Possession of a 893.13(6)(a) 25.7 controlled substance (listed in 893.13(1)(a) of (1)(b)) Attempt 777.04 . . .
. . . 3 [ 141 So.3d 132 ] and amended in 2013 [ 122 So.3d 302 ] , and 2018. 5.1 ATTEMPT TO COMMIT CRIME § 777.04 . . . Affirmative Defense. § 777.04(5)(a), Fla. Stat. Carroll v. . . . ONE TWO None Attempt 777.04(1) 5.1 Comments As of October 2017, it is unclear whether the existence of . . .
. . . . §§ 775.082(3)(b), 777.04(4)(c), 782.04(2), 775.087(1), Fla. Stat. (2011). . . .
. . . . §§ 812.13(1), (2)(c), & 777.04, and (3) a 2009 conviction for possession of cocaine with intent to . . . As to attempt, Florida Statute § 777.04 provides that "[a] person who attempts to commit an offense prohibited . . . Stat. § 777.04(1). . . . Stat. § 777.04"falls within the generic, contemporary meaning of attempt" because it requires that the . . . Section 777.04(1) thus falls within the generic, contemporary meaning of attempt. Id. . . .
. . . Stat. (2013), and attempted lewd or lascivious battery (count three), see §§ 800.04(4)(a), 777.04, Fla . . .
. . . Involving Serious Bodily Injury* Leaving the Scene of a 316.027(2)(a) 28.4 Crash Involving Injury* Attempt 777.04 . . . Leaving the Scene of a 316.027(2)(a) 28.4 Crash Involving Injury Attempt 777.04(1) 5.1 Comments * InWilliams . . . None Attempt 777.04(1) 5.1 Comment s It is unclear whether the courts will interpret the statutory phrase . . . None Attempt 777.04(1) 5.1 Comments It is unclear whether the courts will interpret the statutory phrase . . .
. . . APPENDIX 6.2 ATTEMPTED MURDER-FIRST DEGREE (PREMEDITATED) §§ 782.04(1)(a) and 777.04, Fla. Stat. . . . Lesser Included Offenses ATTEMPTED FIRST DEGREE (PREMEDITATED) MURDER - 782.04(1) and 777.04 CATEGORY . . . by act 777.04 Attempted aggravated 784.045(1)(a)1 8.4 and battery (intentionally and 777.04 5.1 cause . . . None Attempted Manslaughter 782.07 & 6.6 by Act 777.04 Comment s Section § 782.051(3), Fla. . . . Attempted First 782.04(1) and 6.2 Degree Premeditated 777.04 Murder Attempted Second 782.04, 777.04, . . .
. . . Stat. (2006), and attempted lewd or lascivious battery on a child, see §§ 777.04(1), 800.04(4)(a), Fla . . .
. . . See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2017). . . .
. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823 . . .
. . . NO, No Valid Driver’s • License 322.03 28.9 Attempt 777.04(1) 5.1 Comments Pursuant to § 322.251(1), . . .
. . . twelve years of age or older but less than sixteen years of age, in violation of sections 800.04(4) and 777.04 . . .
. . . substances in violation of section §93.1351, and (3) solicitation to purchase cannabis under sections 777.04 . . .
. . . Last, instruction 23.6 is further amended to redefine the term “solicit,” in accord with section 777.04 . . . engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement. § 777.04 . . .
. . . (Supp. 1996); § 777.04(4), Fla. Stat. (1996). . . .
. . . See §§ 775.087(1)(b), 777.04(4)(c), 782.04(2), Fla. Stat. (2007). . . .
. . . . §§ 782.04(2), 777.04(4)(c), 775.087(l)(b), Fla. Stat. (2010). . . .
. . . . § 777.04(1). . . . Reed attempted to kill Torres with his vehicle in violation of Florida Statutes §§ 782.04(1)(a)(1) and 777.04 . . .
. . . . §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), Fla. Stat. (1989). . . .
. . . by act with the exception of the underlined provisions: ATTEMPTED MANSLAUGHTER BY ACT §§ 782.07 and 777.04 . . .
. . . instruction on retail theft, it instructed the jury as follows: ATTEMPT TO COMMIT CRIME (for Count 1 only) § 777.04 . . .
. . . death or great bodily harm was inflicted upon [each of the three victims], contrary to Florida Statutes 777.04 . . . Although the information did cite the attempt statute, section 777.04(1), and the felony murder statute . . . The crime of attempted premeditated murder is codified in section 782.04 (Murder), and section 777.04 . . . Although the information did cite the attempt statute, section 777.04(1), and the felony murder statute . . . Rather, the information erroneously and confusingly cited to the attempt statute (section 777.04, Florida . . .
. . . attempted first-degree murder of a law enforcement officer in violation of sections 782.04(1)(a)(1), 777.04 . . . (Citing §§ 782.04(2), 777.04, Fla. Stat.). . . .
. . . Stat. (2004); § 777.04(1), Fla. Stat. (2004). . . .
. . . with three counts of solicitation to commit first degree murder, contrary to sections 782.04(1) and 777.04 . . .
. . . State, 403 So.2d 593, 594 (Fla. 1st DCA 1981); see also §§ 775.082(3)(d), 777.04(4)(c), 812.13(2)(a), . . .
. . . . § 777.04(5)(a), Fla. Stat. Carroll v. State. 680 So. 2d 1065 (Fla. 3d DCA 1996). Ilarrimanv. . . . This instruction was adopted in 1981 and amended in 2017. 5.2 CRIMINAL SOLICITATION § 777.04(2), Fla. . . . Give if applicable. § 777.04(5)(b), Fla. Stat. Carroll v. . . . This instruction was adopted in 1981 and amended in 2017. 5.3 CRIMINAL CONSPIRACY § 777.04(3), FlaJStat . . . Give if amlicable. $ 777.04(5)(c), Fla. Stat. Carroll v. State. 680 So. 2d 1065 (Fla. 3d DCA 1996). . . .
. . . conspiracy offenses were separate and distinct from attempts and actual commission of offenses under section 777.04 . . .
. . . of attempted sexual battery with an object (namely, his fingers) pursuant to sections 794.011(5) and 777.04 . . . object thus requires the same intent, that is, to penetrate the vagina but-for an intervening act. § 777.04 . . . Background Portillo was charged with attempted sexual battery under sections 794.011(5) and 777.04(1) . . .
. . . Section 777.04(3), Florida Statutes (2015), provides, in pertinent part, that “[a] person who agrees, . . .
. . . Attempted armed robbery with a firearm is a second-degree felony, § 777.04(4)(b), Fla. . . .
. . . .”). .The 2004 information includes a caption as to Count 1, "MURDER 1st DEGREE/ATTEMPT 782.04(1) & 777.04 . . .
. . . 2012) (count II), and one count of attempted lewd or lascivious battery under sections 800.04(a) and 777.04 . . .
. . . Lockley’s conviction was for "attempted robbery” in violation of Florida Statutes § 812.13(1) and § 777.04 . . .
. . . None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2008 [980 So.2d 1056] and amended . . .
. . . the sentence exceeds the 30-year statutory maximum for a first-degree felony per sections 775.082 and 777.04 . . .
. . . Stat. (2011), and attempted lewd or lascivious battery, §§ 800.04(4)(a), 777.04. . . .
. . . See § 777.04(4)(d), Fla. Stat. (2013) (providing that “if the offense attempted ... is a ... . . .
. . . None Attempt 777.04(1) 5.1 Comments A special instruction will be necessary in the event the position . . . None Attempt or Solicitation or Conspiracy 777.04 5.1 or 6.2 or 5.3 Comments The crime described in the . . . Attempt or Solicitation Conspiracy 777.04 5.1 or 5.2 or 5.3 Comments Pursuant to § 849.094(10), Fla. . . .
. . . See § 777.04(4)(c), Fla. Stat.; § 782.04(2), Fla. Stat.; § 775.087(2)(a)l.a., Fla. Stat. . . .
. . . Murder With A Weapon” in violation of Florida Statutes §§ 782.04(2) (defining second-degree murder), 777.04 . . . Stat. § 777.04(1). . . . Stat. § 777.04(1) (2016). The current version was also in effect in 1995. . . . .
. . . . §§ 777.04(4)(c), 775.082(3)(c), Fla. Stat. (2001). . See § 775.087(2)(a)(1), Fla. Stat. (2001). . . .
. . . Statutes (2012); .and (3) attempted lewd battery on a child, a violation of sections 800.04(4) and 777.04 . . . See § 777.04; Enix v. State, 69 So.3d 354, 357 (Fla. 2d DCA 2011). . . .
. . . Firearm; §§ 782.04(2), 775.087; Life Felony Attempted Second Degree Murder with a Firearm; §§ 782.04(2), 777.04 . . .
. . . attempted burglary of an occupied dwelling in violation of sections 810.02(1) and (3)(a) and section 777.04 . . .
. . . perpetration or was intercepted or prevented in the execution of said offense, contrary to Florida Statutes 777.04 . . .
. . . None Attempt , - 777.04(1) 5.1 Comment This instruction was adopted in 1981 and was amended in 1989 and . . . 507 So.2d 154 (Fla. 1st DCA1987)_ Child Abuse; if element le is charged _827.03(2)(c)_16.3 Attempt 777.04 . . . State, 607 So.2d '_154 (Fla. 1st DCA1987) ‘_' ,; Attempt ,777.04(1)5.1 Comments See Retford v. . . .
. . . Battery 784.03(l)(a)l. 8.3 ■Solicitation by ■person-in 79d.011(8)(c) familial authority ⅛6 Attempt 777.04 . . . Victim less than 16)*_;___ '_ Battery_784.08(l)(a)l._&3_ __Sexual-battery_79401-1(4-)_⅛⅛ _ _Attempt_ ■ 777.04 . . . (4)(a)2.* 11.10(b) * ' tery (Victim younger ' than 16) *_ Battery_._■_784.03(l)(a)l._8¡3_ _Attempt_ 777.04 . . .
. . . intent to inflict bodily harm upon or to terrorize [her] in violation of Florida Statute 787.01(1) and 777.04 . . . [i]nflict bodily harm upon or to terrorize the victim or another person.” .Section 777.04(1) is Florida . . .
. . . . §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), .Fla. Stat. (1989). . . .
. . . Stat. (2003); § 777.04(4)(c), Fla. Stat. (2003). . . .
. . . firearm pursuant to section 812.13(2)(a), Florida Statutes (2010) (robbery with a firearm), and section 777.04 . . .
. . . person over eighteen years of age upon a child less than twelve years of age, a violation of sections 777.04 . . .
. . . . §§ 784.05, 782.04, 777.04, 784.045; battery of a law enforcement officer, id. §§ 784.03(l)(a), 784.07 . . .
. . . . <1995); see also §§ 782.04(2), 777.04(4)(c), For a first degree felony, the trial court can sentence . . .
. . . that such an attempt would be a lesser-included offense by operation of the attempt statute, section 777.04 . . . the statute prohibiting sale of a counterfeit controlled substance did not include attempt); see § 777.04 . . . Fla. 3d DCA 1981) (“Generally, where an attempt is proscribed only by the attempt statute, Election 777.04 . . . substantive crime prohibited in section 918.12 invokes the application of the attempt statute, section 777.04 . . . prohibiting an attempt is absent from the statute and (2) when an attempt is criminalized under section 777.04 . . .
. . . See §§ 775.082(3)(d); 777.04(4)(d)(l); 893.13(l)(a)(l), Fla. Stat. (2004). . . .
. . . in the. manufacture of methamphetamine, in violation of Sections 893.135(l)(f)l.b., 893.135(5), and 777.04 . . .
. . . the commission of the offense actually possessed a firearm, .contrary to Florida Statute 782.04(2); 777.04 . . .
. . . with a firearm — no actual possession of a firearm, a second-degree felony; see sections 812.13(2)(a), 777.04 . . .
. . . None Attempt 777.04 ■ 51 Comment This-instruction was adopted in 2015. . . . .
. . . . §§ 775.082(3)(c), 777.04(4)(c), 782.04(2), Fla. Stat. (2013). . . .
. . . Section 777.04(5)(a), Florida Statutes, which sets forth the statutory abandonment defense, does not . . . Section 777.04(5), which made abandonment available as a defense to an attempt, was enacted in 1974. . . . See § 777.04(5), Fla. Stat. . . . (Nor does section 777.04(5) address the question.) . . . See § 777.04(5)(a), Fla. Stat. . . .
. . . nineteen years earlier for the first-degree felonies of conspiracy to commit first-degree murder, section 777.04 . . . CALLAHAN, in violation of s. 782.04(1), s. 777.04(3), s. 775.087, and s. 777.011, Florida Statutes... . . . See § 777.04(2), Fla. Stat. (1981). See also Fla. Std. J. Inst. (Crim.) 5.2. . . . See § 777.04(3), Fla. Stat. (1981); Fla. Std. J. Inst. (Crim.) 5.3. . . .
. . . death or great bodily harm was inflicted upon [each of the three victims], contrary to Florida Statutes 777.04 . . . Although the information did cite the attempt statute, section 777.04(1), and the felony murder statute . . . could have caused the death of the said Glen Moore, contrary to F.S. 782.04(l)(a), F.S. 777.011, F.S. 777.04 . . .
. . . Florida Statutes (2011), and attempted voluntary manslaughter, in violation of sections 782.07(1) and 777.04 . . .
. . . Attempted second-degree murder is a second-degree felony, see §§ 782.04(2), 777.04(4)(c), Fla. . . .
. . . 2013), not attempted burglary of an occupied conveyance, a third-degree felony, see §§ 810.02(3)(d), 777.04 . . .