DALLAS v. STATE

No. 4D03-3466.

898 So.2d 163 (2005)

Willie DALLAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 9, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We affirm Dallas' conviction and sentence for both attempted robbery with a deadly weapon and attempted felony murder. Dallas asserts that the shooting, which comprised an element in the attempted murder, was also an essential element of the underlying felony, therefore requiring that the attempted felony murder conviction be vacated.

Viewing the evidence most favorably to the state, the victim stopped his car in an effort to buy drugs. Dallas and...

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