Coicou v. State

This case is before the Court for review of the decision of the Third District Court of Appeal in Coicou v. State, 867 So.2d 409 (Fla. 3d DCA 2003). In its decision the district court certified a question to this Court to be of great public importance. We have revised the question as follows:

MAY AN APPELLATE COURT DIRECT THE ENTRY OF A CONVICTION FOR ATTEMPTED SECOND-DEGREE MURDER WHERE THE JURY’S VERDICT DOES NOT REFLECT A FINDING THAT THE DEFENDANT ACTED WITH A DEPRAVED MIND?

Coicou v. State, No. 3D03-271 (Fla. 3d DCA Mar. 10, 2004) (on motion to certify question of great public importance).…