Are Attempted Homicide and Aggravated Battery Separately Punishable ?
In Gordon v. State, 780 So. 2d 17, 19-20 (Fla. 2001), the Court addressed a claim that convictions of attempted murder and aggravated battery were unauthorized.
The Court held that convictions of attempted first-degree murder, felony causing bodily injury, and aggravated battery causing great bodily harm were authorized for the defendant's act of shooting the victim during a robbery. See 780 So. 2d at 18, 25.
The Court concluded that each offense contained an element not contained in the others, and that none of the three exceptions to the presumption of multiple convictions in section 775.021(4)(b) applied.
Applying the Blockburger test, this Court stated that attempted first-degree murder is distinguishable from aggravated battery because the latter requires an intent to cause great bodily harm, not an intent to kill, which is necessary for attempted first-degree murder.
Likewise, aggravated battery requires great bodily harm, whereas attempted first-degree murder does not. the attempt to kill the victim is a separate and distinct act which is complete when the gun is fired--regardless of whether the target is hit.
Thus, the Blockburger analysis also indicates that attempted first-degree murder and aggravated battery are separately punishable. Id. at 22.