State v. Furr

This cause is before us on a petition to review Furr v. State, 464 So.2d 693 (Fla. 2d DCA 1985), in which the district court held (1) that second-degree depraved mind murder is a lesser included offense of first-degree felony murder and (2) that the respondent, Furr, cannot be convicted for first-degree felony murder and the underlying felony of armed robbery. We find that, while the holding on the first issue is consistent with our decision in Linehan v. State, 476 So.2d 1262 (Fla.1985), the district court’s holding on the second issue directly conflicts with our decision in State v. Enmund,…