Sturdivant v. State

I respectfully dissent. While I join the majority in certifying the question as one of great public importance, I disagree with the majority’s conclusion that we are constrained by Brooks v. State, 918 So.2d 181 (Fla.2005), to reverse Mr. Sturdivant’s convictions for felony murder and aggravated *1050child abuse. Nor can I agree that Brooks held that a single act of aggravated child abuse may not serve as the underlying felony in a felony murder conviction. See id. at 197-99. As acknowledged by the majority opinion, this court very recently in Lewis v. State, 34 So.3d 183, 186-87 (Fla. 1st DCA…