State v. Grinage, No. 84318

CourtUnited States State Supreme Court of Florida
Writing for the CourtSHAW; GRIMES
Citation656 So.2d 457
Parties20 Fla. L. Weekly S235 STATE of Florida, Petitioner, v. Harold Leonard GRINAGE, Respondent.
Decision Date18 May 1995
Docket NumberNo. 84318

Page 457

656 So.2d 457
20 Fla. L. Weekly S235
STATE of Florida, Petitioner,
v.
Harold Leonard GRINAGE, Respondent.
No. 84318.
Supreme Court of Florida.
May 18, 1995.

Robert A. Butterworth, Atty. Gen. and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for respondent.

SHAW, Justice.

We have for review the following questions certified to be of great public importance:

1. IS SECTION 782.04(1)(a)2 A PROPER VEHICLE FOR FILING A CHARGE OF ATTEMPTED MURDER OF A POLICE OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY?

2. IF SO, CAN THE PROOF OF A NECESSARY ELEMENT OF THE UNDERLYING QUALIFYING FELONY ALSO CONSTITUTE THE OVERT ACT NECESSARY TO PROVE THE ATTEMPTED (FELONY) MURDER OF A LAW ENFORCEMENT OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTY?

3. IF SECTION 782.04(1)(a)2 IS AN APPROPRIATE VEHICLE FOR THE CHARGE AND IF AN ESSENTIAL ELEMENT CAN ALSO SERVE AS THE NECESSARY OVERT ACT, ARE ALLEGATIONS IN THE INFORMATION WHICH MERELY ALLEGE THE OFFENSE OF AGGRAVATED ASSAULT OF A POLICE OFFICER ENGAGED IN THE LAWFUL PERFORMANCE OF HIS DUTIES, WHICH ASSAULT TOOK PLACE DURING AN ATTEMPTED ROBBERY, SUFFICIENT TO SUSTAIN A CONVICTION FOR FIRST-DEGREE FELONY MURDER?

Grinage v. State, 641 So.2d 1362, 1367 (Fla. 5th DCA 1994). We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const.

The defendant, Harold L. Grinage, was found guilty of attempted first-degree felony murder of a law enforcement officer and attempted robbery with a deadly weapon. The facts, as determined by the district court, are:

Deputy Boaz, the State's primary witness, testified that he had arranged to

Page 458

make an undercover purchase of cocaine from Grinage in a shopping center parking lot. Boaz said he was sitting alone in his car when Grinage got into the car from the passenger side. Grinage asked to see the money, and Boaz complied. Grinage, instead of producing any cocaine, suddenly pulled a knife and Boaz was "stabbed" in the hand "when I caught the knife the first time." Boaz suffered a hand would [sic] before Grinage was subdued by the backup team.

Grinage, who admitted the attempted armed robbery, maintained that he had never tried to kill Boaz. He claimed that he pulled the knife out to scare Boaz into giving him the cash, but stated that he never held the knife to Boaz's throat or thrust it towards his chest. It seems clear that Grinage did not know Boaz...

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26 practice notes
  • Holland v. Tucker, Case No. 06-CIV-20182-SEITZ
    • United States
    • U.S. District Court — Southern District of Florida
    • March 30, 2012
    ...relevant to Mr. Holland's current claim, it is noteworthy, that in 1995, this statement had a factual basis. See State v. Cringe, 656 So.2d 457 (Fla. 1995)("In sum, the State of Florida no longer recognizes the crime of attempted felony murder. This finding is applicable to all cases pendin......
  • State v. Barnum, No. SC03-1315.
    • United States
    • United States State Supreme Court of Florida
    • September 22, 2005
    ...direct appeal was pending, the Fifth District decided Grinage v. State, 641 So.2d 1362 (Fla. 5th DCA 1994), affirmed on other grounds, 656 So.2d 457 (Fla.1995), in which the district court held that knowledge is an essential element of the offense of attempted first-degree murder of a law e......
  • Holland v. Tucker, Case No. 06–CIV–20182.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 3, 2012
    ...relevant to Mr. Holland's current claim, it is noteworthy, that in 1995, this statement had a factual basis. See State v. Grinage, 656 So.2d 457 (Fla.1995) (“In sum, the State of Florida no longer recognizes the crime of attempted felony murder. This finding is applicable to all cases pendi......
  • Mungin v. State, No. 81358
    • United States
    • United States State Supreme Court of Florida
    • September 7, 1995
    ...State of Florida no longer recognizes the crime of attempted felony murder. State v. Gray, 654 So.2d 552 (Fla.1995); State v. Grinage, 656 So.2d 457 (Fla.1995). Because Gray must be applied to all cases pending on direct review or not yet final at the time it was decided, we must reverse th......
  • Request a trial to view additional results
26 cases
  • Holland v. Tucker, Case No. 06-CIV-20182-SEITZ
    • United States
    • U.S. District Court — Southern District of Florida
    • March 30, 2012
    ...relevant to Mr. Holland's current claim, it is noteworthy, that in 1995, this statement had a factual basis. See State v. Cringe, 656 So.2d 457 (Fla. 1995)("In sum, the State of Florida no longer recognizes the crime of attempted felony murder. This finding is applicable to all cases p......
  • State v. Barnum, No. SC03-1315.
    • United States
    • United States State Supreme Court of Florida
    • September 22, 2005
    ...direct appeal was pending, the Fifth District decided Grinage v. State, 641 So.2d 1362 (Fla. 5th DCA 1994), affirmed on other grounds, 656 So.2d 457 (Fla.1995), in which the district court held that knowledge is an essential element of the offense of attempted first-degree murder of a law e......
  • Holland v. Tucker, Case No. 06–CIV–20182.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 3, 2012
    ...relevant to Mr. Holland's current claim, it is noteworthy, that in 1995, this statement had a factual basis. See State v. Grinage, 656 So.2d 457 (Fla.1995) (“In sum, the State of Florida no longer recognizes the crime of attempted felony murder. This finding is applicable to all cases pendi......
  • Mungin v. State, No. 81358
    • United States
    • United States State Supreme Court of Florida
    • September 7, 1995
    ...State of Florida no longer recognizes the crime of attempted felony murder. State v. Gray, 654 So.2d 552 (Fla.1995); State v. Grinage, 656 So.2d 457 (Fla.1995). Because Gray must be applied to all cases pending on direct review or not yet final at the time it was decided, we must reverse th......
  • Request a trial to view additional results

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