Legal Opinion · Dissent

State v. Florida

Supreme Court of Florida

Decided February 17, 2005No. SC03-1318Published

1DissentQuince, J.

I cannot agree that a defendant can be convicted of both attempted second-degree murder with a firearm and aggravated battery on a law enforcement officer for a single act of shooting at a police officer; therefore, I dissent. Under the facts and circumstances of this case, the aggravated battery is the same core offense as the attempted second-degree murder. See Sirmons v. State, 684 So.2d 153 (Fla.1994). As Chief Justice Pariente points out in her dissent, the defendant was charged with two forms of attempted first-degree murder: attempted first-degree murder of a law enforcement officer…

2Cases cited1 opinion

  1. Thompson v. Taracorp, Inc.Court of Civil Appeals of Alabama · 1996

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