Ahmad R. Milton, Petitioner v. State of Florida, Respondent

Summary

The Florida Supreme Court held that a single discharge of a firearm cannot satisfy the “intentional act” element of attempted felony murder when the underlying felony is attempted second‑degree murder because the act is an essential element of that underlying felony. Accordingly, the Court vacated Milton’s attempted felony murder convictions and remanded for a new trial on the underlying attempted second‑degree murder charge. The Court also found the trial court’s jury instructions fundamentally erroneous. Justice Canada dissented, arguing the Court lacked jurisdiction and that the cases were factually distinguishable.