Legal Opinion

Diaz v. State

District Court of Appeal of Florida

Decided June 30, 1992No. 91-2189PublishedCited by 1 opinion

1Per curiam

Joseph Diaz appeals his convictions for attempted first degree felony murder, false *1270imprisonment, and robbery with a weapon. We affirm.

First, we conclude that the trial court’s ruling on the defense motion for a continuance was well within the bounds of sound discretion.

Second, the offense of attempted first degree felony murder occurs “whenever an individual perpetrates or attempts to perpetrate an enumerated felony, and during the commission of the felony the individual commits, aids, or abets a specific overt act which could, but does not, cause the death of another....” Amlotte v. State,…

2Cases cited5 opinions

  1. Amlotte v. StateSupreme Court of Florida · 1984
  2. Rojas v. StateSupreme Court of Florida · 1989
  3. Jones v. StateSupreme Court of Florida · 1986
  4. Hayes v. StateDistrict Court of Appeal of Florida · 1990
  5. State v. PrehnDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. Jones v. StateDistrict Court of Appeal of Florida · 1998

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