Kaplan v. State

I respectfully dissent, in part, because in my view, Kaplan should not be retried on the premeditated attempted first degree murder theory. Retrial on the lesser included offenses on which the jury was instructed, which pertain to the non-existent crime of attempted first degree felony murder, should be the only crimes on remand for which Kaplan is tried. See State v. Wilson, 680 So.2d 411 (Fla. 1996). I agree no other reversible error occurred, and the other convictions for crimes in this case, should be affirmed.1

This case is different from any other precedent I have found in this state…