Ahmad R. Milton v. State of Florida

This case involves the crime of attempted felony murder, which requires the de*1246fendant to commit an “intentional act that is not an essential element of the underlying felony.” § 782.051(1), Fla. Stat. (2006). Specifically, we consider whether the act of discharging a firearm can satisfy the “intentional act” element of attempted felony murder when the underlying felony is attempted murder and the same individuals are the victims of both crimes. We conclude that because the defendant’s act of discharging a firearm constitutes an essential element of the underlying felony of attempted murder,…