Pitts v. State, 97-590

Decision Date25 March 1998
Docket NumberNo. 97-590,97-590
Parties23 Fla. L. Weekly D814 Charles J. PITTS, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Ivy Ginsberg Shanock, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

Charles J. Pitts appeals his convictions for armed robbery, armed kidnapping and attempted second degree murder.

First, the evidence was sufficient to convict defendant-appellant Pitts on the charge of kidnapping where the defendant and codefendant locked the two convenience store clerks in a back room prior to leaving the store after the robbery. See Berry v. State, 668 So.2d 967, 969 (Fla.1996).

Second, we conclude that the evidence was sufficient to convict defendant of attempted second degree murder, where defendant shot the unarmed convenience store clerk in the leg after the clerk told defendant that the safe was on a timer and would require ten minutes to open. See Brown v. State, 569 So.2d 1320, 1321 (Fla. 1st DCA 1990); see also Gentry v. State, 437 So.2d 1097, 1099 (Fla.1983).

Third, defendant argues that under the logic of State v. Gray, 654 So.2d 552 (Fla.1995), there should be no such crime as attempted second degree murder where the defendant has committed the completed act of shooting the victim in the leg. Defendant argues that the logic of Gray should be applied so as to hold that there can be no crime of attempted second degree murder under these circumstances. Since Gray was confined, by its terms, to the offense of attempted first degree felony murder, and since the Florida Supreme Court has expressly recognized the existence of the crime of attempted second degree murder and further, has held that the crime is one requiring only general intent, not the specific intent to kill, see Gentry, 437 So.2d at 1099, we reject defendant's argument on this point. See generally Watkins v. State, No. 96-3129, 705 So.2d 938 (Fla. 5th DCA 1998).

There is no merit to the claim of involuntary confession.

Affirmed.

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  • State v. Robinson
    • United States
    • Iowa Supreme Court
    • 6 Febrero 2015
    ...is locked in. See, e.g., People v. Vines, 51 Cal.4th 830, 124 Cal.Rptr.3d 830, 251 P.3d 943, 974 (2011) ; Pitts v. State, 710 So.2d 62, 62 (Fla.Dist.Ct.App.1998) (per curiam); State v. Lykken, 484 N.W.2d 869, 878 (S.D.1992).There are also cases in which the disruption of telephone communica......
  • Gantorius v. State, 3D99-1872.
    • United States
    • Florida District Court of Appeals
    • 5 Julio 2000
    ...the authority of Gentry v. State, 437 So.2d 1097, 1099 (Fla.1983); Rivero v. State, 752 So.2d 1244 (Fla. 3d DCA 2000); Pitts v. State, 710 So.2d 62 (Fla. 3d DCA 1998); and Lopez v. State, 742 So.2d 531 (Fla. 3d DCA 1999). We note, however, that the Florida Supreme Court has accepted jurisdi......
  • Gilyard v. State, 97-4575
    • United States
    • Florida District Court of Appeals
    • 9 Septiembre 1998
    ...also Galdamez v. State, 713 So.2d 1128 (Fla. 3d DCA 1998); Quesenberry v. State, 711 So.2d 1359 (Fla. 2d DCA 1998); Pitts v. State, 710 So.2d 62, 62-63 (Fla. 3d DCA 1998); and Watkins v. State, 705 So.2d 938, 939 (Fla. 5th DCA AFFIRMED. BARFIELD, C.J., DAVIS, J., and SHIVERS, DOUGLASS B., S......
  • Manka v. State, 96-3318
    • United States
    • Florida District Court of Appeals
    • 21 Octubre 1998
    ...murder. Galdamez v. State, 713 So.2d 1128 (Fla. 3d DCA 1998); Quesenberry v. State, 711 So.2d 1359 (Fla. 2d DCA 1998); Pitts v. State, 710 So.2d 62 (Fla. 3d DCA 1998). We conclude that Gentry remains controlling and affirm. As to all other issues raised, we also WARNER and GROSS, JJ., concur. ...
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