Lee v. State, No. 95-263
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 664 So.2d 330 |
| Parties | 20 Fla. L. Weekly D2702 Alphonso LEE, Appellant, v. The STATE of Florida, Appellee. |
| Decision Date | 13 December 1995 |
| Docket Number | No. 95-263 |
Page 330
v.
The STATE of Florida, Appellee.
Third District.
Bennett H. Brummer, Public Defender and Jane D. Fishman, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Fleur J. Lobree, Assistant Attorney General, for appellee.
Before BARKDULL, LEVY and GREEN, JJ.
Page 331
PER CURIAM.
We find no merit to appellant's challenges of his convictions and sentences for first degree murder, attempted armed robbery and unlawful possession of a firearm while engaged in a criminal offense and affirm the same.
The appellant's conviction and sentence for attempted felony murder, however, must be reversed based on State v. Gray, 654 So.2d 552 (Fla.1995). We interpret Gray to require on remand a complete discharge of the appellant on this count rather than a reduction to a lesser included offense or a new trial on lesser included offenses. Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995); Wilson v. State, 660 So.2d 1067 (Fla. 3d DCA 1995), rehearing denied and question certified, 20 Fla.L.Weekly D2248, 2249 (Fla. 3d DCA Oct. 5, 1995). We recognize, however, that this issue will recur in virtually all cases governed by Gray. Thus, we again certify the following question of great public importance:
WHEN A CONVICTION FOR ATTEMPTED FIRST DEGREE FELONY MURDER MUST BE VACATED ON AUTHORITY OF STATE v. GRAY, 654 So.2d 552 (Fla.1995), DO LESSER INCLUDED OFFENSES REMAIN VIABLE FOR A NEW TRIAL OR REDUCTION OF THE OFFENSE?
Affirmed in part and reversed and remanded in part with instructions.
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Jones v. State, No. 95-389
...property. 2 See Gibson v. State, 667 So.2d 884 (Fla. 1st DCA 1996); Pratt v. State, 668 So.2d 1007 (Fla. 1st DCA 1996); Lee v. State, 664 So.2d 330 (Fla. 3d DCA 1995); Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995), cause dismissed, 665 So.2d 220 (Fla.1995), review granted, 668 So.2d 60......
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Thompson v. State, No. 94-903
...and remanding for a new trial on the charge of attempted premeditated murder, this case differs from the recent cases of Lee v. State, 664 So.2d 330 (Fla. 3d DCA 1995) (question certified); Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995) (question certified), and Wilson v. State, 660 So.......
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Riggins v. State, No. 95-1463
...1st DCA 1996); Gibson v. State, 667 So.2d 884 (Fla. 1st DCA 1996); Gutierrez v. State, 665 So.2d 294 (Fla. 5th DCA 1995); Lee v. State, 664 So.2d 330 (Fla. 3d DCA 1995), review granted, 673 So.2d 30 (Fla.1996); Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995), review granted, No. 86,739, ......
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Williamson v. State, No. 95-1715
...for a non-existent crime to a lesser included offense. However, the third district certified the question. Id. See also Lee v. State, 664 So.2d 330 (Fla. 3d DCA In Thompson v. State, 667 So.2d 470 (Fla. 3d DCA 1996), the third district distinguished Alfonso in that charges of attempted prem......
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Jones v. State, No. 95-389
...property. 2 See Gibson v. State, 667 So.2d 884 (Fla. 1st DCA 1996); Pratt v. State, 668 So.2d 1007 (Fla. 1st DCA 1996); Lee v. State, 664 So.2d 330 (Fla. 3d DCA 1995); Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995), cause dismissed, 665 So.2d 220 (Fla.1995), review granted, 668 So.2d 60......
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Thompson v. State, No. 94-903
...and remanding for a new trial on the charge of attempted premeditated murder, this case differs from the recent cases of Lee v. State, 664 So.2d 330 (Fla. 3d DCA 1995) (question certified); Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995) (question certified), and Wilson v. State, 660 So.......
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Riggins v. State, No. 95-1463
...1st DCA 1996); Gibson v. State, 667 So.2d 884 (Fla. 1st DCA 1996); Gutierrez v. State, 665 So.2d 294 (Fla. 5th DCA 1995); Lee v. State, 664 So.2d 330 (Fla. 3d DCA 1995), review granted, 673 So.2d 30 (Fla.1996); Alfonso v. State, 661 So.2d 308 (Fla. 3d DCA 1995), review granted, No. 86,739, ......
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Williamson v. State, No. 95-1715
...for a non-existent crime to a lesser included offense. However, the third district certified the question. Id. See also Lee v. State, 664 So.2d 330 (Fla. 3d DCA In Thompson v. State, 667 So.2d 470 (Fla. 3d DCA 1996), the third district distinguished Alfonso in that charges of attempted prem......