Davis v. State

We affirm defendant’s convictions for attempted armed robbery and first-degree felony murder.

We disagree with defendant’s contention which we take to be to the effect that section 775.021(4)(b)3, Florida Statutes (1989), overruled the holding of State v. Enmund, 476 So.2d 165 (Fla.1985). That holding was: “We hold that an underlying felony is not a necessarily lesser included offense of felony murder ... [therefore, we hold that a defendant can be convicted of and sentenced for both felony murder and the underlying felony.” Id. at 167-68. See State v. Smith, 547 So.2d 613, 616 n. 6 (Fla.1989).