Ahmad R. Milton v. State of Florida

Because I conclude that there is no basis for this Court to exercise jurisdiction, I would discharge this case. I therefore dissent.

Contrary to the view adopted by the majority, the decision of the Third District Court in Milton v. State, 126 So.3d 273 (Fla. 3d DCA 2011), does not expressly and directly conflict with Tucker v. State, 857 So.2d 978 (Fla. 4th DCA 2003). While both Milton and Tucker involve appeals by defendants who were charged with attempted felony murder with a predicate felony of attempted murder, Milton and Tucker are factually distinguishable. See Milton, 126 So.3d at 274;…