The 2023 Florida Statutes (including Special Session C)
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. . . See § 782.051(1), Fla. . . . element of attempted felony murder-"an intentional act that is not an essential element of the felony." § 782.051 . . .
. . . See § 782.051(1), Fla. . . . when in the course of the taking there is the use of force, violence, assault, or putting in fear"); § 782.051 . . .
. . . pursuant to s. 775.082, s. 775.083, or s. 775.084. (3) For attempted felony murder as described in s. 782.051 . . .
. . . Gabriel argues that because he was not specifically charged with attempted felony murder under section 782.051 . . .
. . . (1) 6.3 murder Attempted felony 782.051(2) 6.3 murder Attempted felony 782.051(3) 6.3(a) murder Aggravated . . . Section § 782.051(2), Fla. . . . None Attempted Manslaughter 782.07 & 6.6 by Act 777.04 Comment s Section § 782.051(3), Fla. . . . 782.051(2) and 6.3 and murder-reclassified 782.065 6.7 Attempted felony 782.051(2) 6.3 murder Attempted . . . felony 782.051(3) and 6.3(a) murder-reclassified 782.065 and 6.7 Attempted felony 782.051(3) 6.3(a) . . .
. . . . § 782.051(1), Fla. Stat. (2012). . . . carried, displayed, used, threatened, or attempted to use a weapon, to wit: A FIREARM in violation of s. 782.051 . . . See § 782.051(1), Fla. . . . an essential element of the underlying robbery and was not an independent act as required by section 782.051 . . .
. . . jury instruction and to argue to the jury the statutory crime of attempted felonymurder under section 782.051 . . . the following question of great public importance: IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION 782.051 . . . SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS OF AND CITE TO SECTION 782.051 . . . It did not charge him with attempted felony murder under section 782.051. . . . The charging document did not -include attempted felony murder under section 782.051. . . .
. . . —Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced . . . second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051 . . . following a jury’s finding that the defendant violated a particular subsection of section 782.04 or 782.051 . . .
. . . ATTEMPT 782.04(1) & 777.04(1) FI,” omitting reference to the attempted felony murder statute, section 782.051 . . .
. . . conflict case, Battle was convicted for attempted felony murder with a firearm pursuant to section 782.051 . . . the essential element: “that [was] not an essential element of the felony,” as required under section 782.051 . . .
. . . discharge, death or great bodily harm was inflicted upon [the victim], a human being in violation of 782.051 . . . Williams II, 83 So.3d at 907; see also § 782.051(1), Fla. . . . not vitiate the legally sufficient allegations in that count of attempted felony murder under section 782.051 . . .
. . . Section 782.065, Florida Statutes, provides as follows: Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051 . . . second degree in violation of s. 782.04(l)(a) 1. or (2); or attempted felony murder in violation of s. 782.051 . . . following a jury’s finding that the defendant violated a particular subsection of section 782.04 or 782.051 . . . 782.065 only applies following certain violations of the (attempted) homicide offenses in 782.04 and 782.051 . . .
. . . certify the following question to the supreme court: IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION 782.051 . . . SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS OF AND CITE TO SECTION 782.051 . . . prosecutions and how the state charges a defendant for attempted felony murder after the enactment of section 782.051 . . .
. . . contain the essential elements of attempted felony murder and did not contain a citation to section 782.051 . . . Thus, it cannot be argued that the Legislature considered section 782.051 to be simply a subset of first . . . It did not charge him with attempted felony murder under section 782.051. . . . Neither, of these citations were to the correct felony murder statute, section 782.051, which establishes . . . The information- did not cite the post-Gray attempted felony murder statute, section-782.051. . . .
. . . .” § 782.051(1), Fla. Stat. (2006). . . . Victim injury points' shall be scored under this subsection. § 782.051(1), Fla. Stat. (2006). . . . See § 782.051(1), Fla. Stat. . . . Attempted felony murder is governed by section 782.051(1), Florida Statutes. . . . See § 782.051(1), Fla. Stat. . . .
. . . 502] and amended in 2014. 6.3 ATTEMPTED FELONY MURDER [ENUMERATED FELONY] [NON-ENUMERATED FELONY] § 782.051 . . . Comment Section 782.051(1), Fla. . . . Section 782.051(2), Fla. . . . State, 911 So.2d 85 (Fla.2005). 6.3(a) ATTEMPTED FELONY MURDER — INJURY CAUSED BY ANOTHER § 782.051(3 . . . Comment Section 782.051(3), Fla. . . .
. . . See §§ 782.051(1), 775.087(2)(a)(2), 812.13(2)(a), & 777.04(1), Fla. Stat. (2012). . . . .
. . . that could, but does not, cause the death of another commits a felony of the first degree .... ” § 782.051 . . .
. . . . §§ 782.051(1), 782.04(l)(a)(2)(f). . . .
. . . We recently explained: The Legislature in 1996, in response to our decision in Gray, enacted section 782.051 . . . In 1998, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder . . .
. . . subsequently reenacted the offense of attempted first-degree felony murder, which is currently section 782.051 . . .
. . . under section 921.0022, Florida Statutes (2001), specifies that attempted felony murder under section 782.051 . . .
. . . The Legislature in 1996, in response to our decision in Gray, enacted section 782.051, which created . . . In 1998, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder . . . The crime of attempted felony murder is codified in section 782.051, Florida Statutes (2001). . . . See § 782.051. . . . See § 782.051(1), Fla. Stat. (2001). . . . .
. . . Both Coicou and Tucker involved the attempted felony murder statute, section 782.051, Florida Statutes . . .
. . . , Florida Statutes (1997), for the offense of felony causing bodily injury, in violation of section 782.051 . . . The version of section 782.051(1) which was in effect at the time Defendant committed his offense reads . . . Victim injury points shall be scored under this subsection. § 782.051(1), Fla. . . .
. . . felony murder, with attempted felony murder not becoming a crime again until the enactment of section 782.051 . . .
. . . Moore “did, in violation of Florida Statutes 782.051(1) and 775.087(1), commit, aid or abet an act that . . . The information was consistent with section 782.051 as it read when enacted in 1996. . . . At that time, section 782.051, entitled “Felony Causing Bodily Injury,” provided, in relevant part: Any . . . and that could, but does not, cause the death of another commits a felony of the first degree.... § 782.051 . . . Stat. (2005). . §§ 782.051(1), 775.087(1), Fla. . . .
. . . However, the holding in Gray was superseded by section 782.051, Florida Statutes, which makes “attempted . . . White with attempted felony murder, he was not charged with a non-existent crime in light of section 782.051 . . .
. . . The court expressed its view that the State must have intended to charge appellant under section 782.051 . . . Nonetheless, the judge sua sponte amended the information to allege a violation of section 782.051(1) . . . We would struggle to ever read aggravated battery into section 782.051(3) as a lesser included offense . . . , because section 782.051(3) applies to the person who commits a felony while another person injures . . . in effect at the time of appellant’s trial did not expressly provide an instruction as to sections 782.051 . . .
. . . subsection if such confinement is without the consent of her or his parent or legal guardian. .Subsection 782.051 . . .
. . . See § 782.051(1). United States v. . . . More significantly, under section 782.051(1), an attempted felony-murder conviction requires proof not . . .
. . . FELONY MURDER-FIRST DEGREECENUMER-ATED FELONY] [NON-ENUMERATED FELONY] ■§§ 782.0d(lXa-> and-777.0d § 782.051 . . . Section 782.051(2), Fla. . . . State, 911 So.2d 85 (Fla.2005). 6.3(a) ATTEMPTED FELONY MURDER — INJURY CAUSED BY ANOTHER § 782.051(3 . . . Comment Section 782.051(3), Fla. . . .
. . . claimed that the information did not actually charge attempted felony murder and did not cite section 782.051 . . .
. . . (codified as § 782.051, Fla. Stat.), which was thereafter renamed attempted felony murder. . . .
. . . See § 782.051(1), Fla. Stat. (1999). . . . See §§ 782.04(2)-(3), 782.051(1), Fla. Stat. (1999). . . . that dual convictions for attempted second-degree murder and attempted felony murder under section 782.051 . . . "Felony causing bodily injury” is the 1997 statutory version of section 782.051(1), which was amended . . . was later amended to include one count of attempted felony murder with a firearm pursuant to section 782.051 . . . constituted fundamental error because it failed to instruct the jury on the essential element in section 782.051 . . . In 1996, the Legislature responded by enacting section 782.051, which created the offense of “Felony . . . As amended by the Legislature, section 782.051(1) provides: Any person who perpetrates or attempts to . . .
. . . This is not permissible for a conviction under section 782.051(1), Florida Statutes. . . . an essential element of the underlying robbery and was not an independent act as required by section 782.051 . . .
. . . Attempted felony murder, as codified in section 782.051(1), Florida Statutes (2004), requires “an intentional . . .
. . . The State charged Coicou with a violation of section 782.051(1), Florida Statutes, attempted first-degree . . . The trial court instructed the jury on attempted felony mur'der, pursuant to section 782.051, Florida . . . The State charged Coicou with attempted first-degree felony murder under section 782.051(1), Florida . . . Section 782.051(1) states in relevant part: (1) Any person who perpetrates or attempts to perpetrate . . . that because the State failed to prove one of the elements of attempted felony murder under section 782.051 . . .
. . . However, the legislature has now revived the crime by its enactment of section 782.051(1), Florida Statutes . . . Although section 782.051(1) includes “attempt” as one of its elements and thus creates a stand-alone . . .
. . . The information tracked the language of attempted felony murder under section 782.051(1), Florida Statutes . . . act that is not an essential element of the attempted premeditated murder as is required by section 782.051 . . .
. . . The State charged Battle with attempted felony murder with a firearm pursuant to section 782.051(1) Florida . . . essential element of the felony,” constitutes á necessary element of attempted felony murder under section 782.051 . . . The instruction given fails to include the required element in section 782.051(1) that the jury had to . . . that dual convictions for attempted second-degree murder and attempted felony murder under section 782.051 . . .
. . . test, the requirements of Gordon and the conviction under the relatively new crime created by section 782.051 . . . DUAL CONVICTIONS FOR ATTEMPTED SECOND DEGREE MURDER AND ATTEMPTED FELONY MURDER, PURSUANT TO SECTION 782.051 . . . Stat. §§ 782.051(1), 775.087(1) and (2)(a)3 (2001). . Fla. . . . . § 782.051, Fla. Stat. (1999). . . . .
. . . See § 782.051(2), Fla. Stat. (1997). Mr. . . .
. . . The legislature responded by enacting section 782.051(1), thereby making attempted felony murder a crime . . . Section 782.051(1) provides: Any person who perpetrates or attempts to perpetrate any felony enumerated . . .
. . . 812.13(2)(a), Florida Statutes (1999), and one count of attempted felony murder in violation of section 782.051 . . . The legislature responded by enacting section 782.051(1), thereby making attempted felony murder a crime . . . Section 782.051(1) provides: Any person who perpetrates or attempts to perpetrate any felony enumerated . . . This is the exact result that the Gray court sought to prevent and the reason why section 782.051(1) . . .
. . . attempted felony murder which failed to instruct the jury that they had to find, pursuant to section 782.051 . . . attempted felony murder constitutes fundamental error because, without the quoted language from section 782.051 . . . in the instant case constitutes fundamental error because it is incomplete, we must refer to section 782.051 . . . See § 782.051, Fla. Stat. (1999). . . .
. . . See § 782.051, Fla. Slat. (1999); Brown v. . . .
. . . when it instructed the jury on attempted felony murder because the instruction failed to track section 782.051 . . . In response to Gray, the Legislature passed section 782.051(1) again making attempted felony murder a . . . Section 782.051(1) provides that: Any person who perpetrates or attempts to perpetrate any felony enumerated . . .
. . . Legislature enacted section 782.051, Florida Statutes. . . . Section 782.051 states: “Any person who perpetrates or attempts to perpetrate any felony enumerated in . . . In so doing, the court recognized that the Legislature intended section 782.051 to be a replacement for . . . As the First District noted, the legislative history indicates that section 782.051 was enacted as a . . . Thus, it seems abundantly clear that section 782.051 reinvigorates the former crime of attempted felony . . . See §§ 782.04(1)(a), 777.04(4)(b), 775.087(1)(a), 782.051(1), Fla. Stat. (1997). . . . See § 782.051(1), Fla. Stat. (1997). . . . Victim injury points shall be scored under this subsection. § 782.051(1), Fla. Stat. (1997). . . . See § 782.051, Fla. Stat. (1999). . . . See § 782.051, Fla. Stat. (1997). . . .
. . . of attempted homicide and aggravated battery with a deadly weapon in violation of Florida Statute §§ 782.051 . . . weapon, in violation of Fla.Stat. § 782.04(l)(a)(l) and Fla.Stat. § 777.04 (in place of Fla.Stat. § 782.051 . . .
. . . . § 782.051(1), Fla. Stat. . § 812.13(2)(a), Fla. Stat. . § 784.045(l)(a), Fla. Stat. . U.S. Const. . . .
. . . attempted first degree murder with a firearm and for “felony causing bodily injury” proscribed by section 782.051 . . . Now substantially amended, section 782.051, Florida Statutes (1997), once made it a crime to cause bodily . . . At the time pertinent to the present case, section 782.051(2), Florida Statutes (1997), required proof . . . An early draft of what became section 782.051 was in fact entitled “attempted felony murder.” . . . As amended, section 782.051, Florida Statutes (Supp. 1998), has a much narrower scope. . . . Neither Boivin nor Mills dealt with section 782.051(2), Florida Statutes (1997). . . .
. . . (1) or section 782.051(2), a conviction under section 782.051(1) is an offense ranked in level 9 of the . . . See §§ 782.051(1) & (2), Fla. Stat. (1997). . . . (1) are generally more serious than those required for conviction under section 782.051(2). . . . bodily injury than a charge brought pursuant to section 782.051(1). . . . See § 782.051(2), Fla. Stat. (1997). . . .
. . . I of the information charged the defendant with a felony causing bodily injury, contrary to section 782.051 . . . the crimes of robbery and burglary, such that they are felonies falling under the umbrella of section 782.051 . . .
. . . . § 782.051(1), Fla.Stat. (1997). . . . .” § 782.051, Fla.Stat. (Supp. 1998). . . .
. . . robbery under section 812.13(1), Florida Statutes (1997) and a felony causing bodily injury under section 782.051 . . .
. . . See §§ 812.133, 777.04, 782.051, 784.011, 790.23, Fla.Stat. (1997). . . .