Summary
reversing conviction pursuant to Gray and remanding for "further proceedings"
Summary of this case from Pratt v. StateOpinion
No. 94-2882.
July 19, 1995.
An appeal from the Circuit Court for Duval County; Alban Brooke, Judge.
Nancy A. Daniels, Public Defender and Christine M. Ryall, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen. and Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.
After appellant's trial and conviction of attempted first-degree felony murder, our supreme court receded from Amlotte v. State, 456 So.2d 448 (Fla. 1984), and held that no such offense exists in Florida. State v. Gray, 654 So.2d 552 (Fla. 1995). The court also held that its "decision must be applied to all cases pending on direct review or not yet final." Id. at 554. Accordingly, appellant's conviction for that now non-existent offense must be reversed.
REVERSED and REMANDED for further proceedings consistent with this opinion.
JOANOS, WOLF and WEBSTER, JJ., concur.