Ramroop v. State
Annotate this CaseDefendant was convicted of attempted second-degree murder of a law enforcement officer and first-degree felony murder of another victim, which was based on the attempted second-degree murder conviction. Defendant received two life sentences. The Fifth District reversed, concluding (1) the jury instructions were erroneous because they did not require the jury to find that Defendant knew that the victim was a law enforcement officer, but (2) Fla. Stat. 782.065 is a reclassification statute that does not create a separate substantive offense, and therefore, Defendant’s conviction of first-degree felony murder was unnecessary. The Supreme Court quashed the Fifth District’s decision to the extent that it held that section 782.065 does not create a substantive offense, holding that the statute is a reclassification statute that creates a substantive offense, and therefore, the proper remedy for the erroneous jury instructions would have been to vacate both of Defendant’s convictions and remand for a new trial. Remanded with directions to order a new trial on the charges of attempted second-degree murder of a law enforcement officer and first-degree felony murder.
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