Calvin Weatherspoon v. State of Florida

The issue before this Court is whether the State is entitled to a jury instruction and to argue to the jury the statutory crime of attempted felonymurder under section 782.051, Florida Statutes (2016), when the State charges only attempted murder and does not charge or allege the elements of attempted felony murder in the charging document. Although the Fourth District Court of Appeal determined that no due process violation occurred by the failure to charge attempted felony murder, it recognized that the issue was one that should be resolved by this Court and certified the following question…