MORAN v. STATE

No. 4D01-3911.

869 So.2d 613 (2004)

Gabriel MORAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 30, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

This appeal arises from a charge of Attempted First Degree Murder in a charging document that failed to allege premeditation. The defendant was ultimately convicted of attempted second degree murder. For the reasons explained fully below, we hold that any error has been rendered moot by the jury verdict. We affirm the conviction.

On May 15, 2000 at about 3:00 a.m., Betzaida Lopez was walking home from a bar with her family and friends after having...

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