Milton v. State
Annotate this CaseDefendant was convicted of three counts of attempted felony murder, which were predicated upon the underlying felony of attempted second-degree murder. As to each separate count, Defendant’s sole act was the discharge of a firearm at a group of individuals who were the victims of both the attempted felony murder and the attempted second-degree murder. The Third District Court of Appeal affirmed Defendant’s three convictions for attempted felony murder. The Supreme Court quashed the Third District’s decision, holding that while the act of discharging a firearm may be able to support attempted second-degree murder, the discharge of a firearm at the same individuals cannot support attempted felony murder, which requires the defendant to commit an “intentional act that is not an essential element of the underlying felony.” Remanded for a new trial on the underlying felony of attempted second-degree murder.
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