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Walker v. State

District Court of Appeal of Florida, Second District
Jul 31, 1998
715 So. 2d 1065 (Fla. Dist. Ct. App. 1998)

Summary

explaining criminal judgment of conviction for attempted felony murder became final upon issuance of appellate court's mandate in direct appeal on August 1, 1994, before Gray decision

Summary of this case from Hardy v. Jones

Opinion

No. 98-02372

July 31, 1998.

Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.


Christopher Walker challenges the trial court's denial of his post conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. It is his principal contention that he was convicted of a nonexistent crime, attempted felony murder. Because Walker's judgment became final before the supreme court determined that the crime of attempted felony murder did not in fact exist, he is not entitled to relief and this court must affirm.

In Walker v. State, 639 So.2d 1030 (Fla.2d DCA 1994), this court affirmed Walker's convictions but reversed for resentencing. His judgment became final upon the issuance of this court's mandate affirming his convictions on August 1, 1994, before the decision in State v. Gray, 654 So.2d 552 (Fla. 1995), which determined that the crime of attempted felony murder did not in fact exist. The supreme court thereafter announced in State v. Woodley, 695 So.2d 297 (Fla. 1997), that the holding of Gray was limited to those cases whose judgments were not final on the date Gray issued.

To prevent his judgment of conviction from becoming final after the affirmance by this court, Walker would have been obligated to pursue further appellate remedies to challenge the judgment of conviction at that time, and not at such time as his sentence became final after remand. See State v. McKinnon, 540 So.2d 111 (Fla. 1989), clarified on other grounds, State v. Roberts, 661 So.2d 821 (Fla. 1995) (discussing the jurisdiction of the trial court to resentence on remand while discretionary jurisdiction is invoked in the supreme court challenging a district court's affirmance of a judgment of conviction). Therefore, upon the issuance of this court's mandate on August 1, 1994, Walker's judgment became final before the supreme court's decision in Gray.

We affirm the trial court's denial of Walker's other claims without discussion.

Affirmed.

CAMPBELL, A.C.J. and BLUE and GREEN, JJ., Concur.


Summaries of

Walker v. State

District Court of Appeal of Florida, Second District
Jul 31, 1998
715 So. 2d 1065 (Fla. Dist. Ct. App. 1998)

explaining criminal judgment of conviction for attempted felony murder became final upon issuance of appellate court's mandate in direct appeal on August 1, 1994, before Gray decision

Summary of this case from Hardy v. Jones
Case details for

Walker v. State

Case Details

Full title:CHRISTOPHER G. WALKER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 31, 1998

Citations

715 So. 2d 1065 (Fla. Dist. Ct. App. 1998)

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