Supreme Court of Florida

Gangapersad Ramroop, Petitioner v. State of Florida, Respondent

March 30, 201742 Fla. L. Weekly Supp. 381

Summary

The court held that the statute creates a separate substantive offense of attempted murder of a law enforcement officer and that the defendant's knowledge of the victim's status is an essential element. Because the jury was not instructed on that element, the error was fundamental and required vacating the attempted-murder and related felony-murder convictions and remanding for a new trial. The court rejected resentencing on a lesser offense as the remedy.