Riggins v. State

Appellant’s conviction for attempted third degree felony murder is reversed, because attempted felony murder is a nonexistent crime. State v. Gray, 654 So.2d 552 (Fla.1995); State v. Grinage, 656 So.2d 457 (Fla.1995). Although we reject the state’s argument that the case should be remanded with directions to enter a judgment for the lesser included offense of resisting an officer with violence,1 in accordance with Pratt v. State, 668 So.2d 1007 (Fla. 1st DCA 1996), we certify the following question to the Florida Supreme Court as one of great public importance:

ONCE A DEFENDANT IS CHARGED WITH…