Miller v. State

Pursuant to the reasoning in Gray v. State, 19 Fla.L.Weekly D1039, — So.2d - [1994 WL 176541] (Fla. 3d DCA May 10, 1994) (review granted no. 83766) we reverse appellant’s conviction for attempted first degree felony murder, affirm the conviction of armed robbery,1 and certify to the Supreme Court that this decision involves the following question of great public importance:

Whether the “overt act” referred to in Amlotte v. State, 456 So.2d 448, 449 (Fla. 1984), includes one, such as fleeing, which is intentionally committed but is not intended to kill or injure another?

Affirmed in part,…