Calvin Weatherspoon v. State of Florida

Although I was on the panel affirming the attempted murder conviction of áppel-*342lant’s co-defendant in Bell v. State, 152 So.3d 714 (Fla. 4th DCA 2014), I now disagree with the analysis in that opinion regarding the trial court’s instruction on attempted felony murder, the same issue presented in this case. In Bell we held that an instruction on attempted felony murder was not error, even though the state had not charged attempted felony murder in the information. We relied on cases which held that an instruction on felony murder was not error when the state charged premeditated murder.…