McLaughlin v. State

Frederick Wayne McLaughlin, the defendant, appeals his convictions for second degree murder, attempted third degree murder with a firearm, and shooting a firearm from a vehicle. We affirm his convictions for second degree murder and shooting from a vehicle but vacate his conviction for attempted third degree murder. Attempted third degree murder is a form of attempted felony murder which is no longer a crime in Florida. See State v. Gray, 654 So.2d 552 (Fla.1995). Although the defendant’s conviction for this crime must be vacated, the state may retry the defendant on any lesser included…