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CASES

By Jeffrey Ivashuk

Criminal law -- Attempted murder -- Assuming information charged defendant with attempted felony murder, he was not charged with non-existent crime in light of Section 782.051, Florida Statutes, which makes ?attempted felony murder? a crime, and thus no fundamental error occurred as result of a conviction for a non-existent crime -- Although the conviction of a crime not charged in information may be a denial of due process and fundamental error, information charging defendant included statutes which set forth crimes of both attempted premeditated murder and attempted felony murder -- State provided defendant with sufficient notice to prepare his defense, and any defect in information did not prevent defendant from a defense at trial -- Robbery with weapon -- Evidence was insufficient to sustain conviction for robbery with a weapon where state's circumstantial evidence that a robbery occurred consisted of victim's testimony that he possessed a wallet containing $17...continue to full post

Full post as published by JAABlog on January 30, 2008 (boomark / email).