Selway v. State, 94-2080
| Decision Date | 29 September 1995 |
| Docket Number | No. 94-2080,94-2080 |
| Citation | 660 So.2d 1176 |
| Parties | 20 Fla. L. Weekly D2226 Gary SELWAY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Daisy G. Clements, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Sr. Assistant Attorney General, Daytona Beach, for Appellee.
Gary Scott Selway was convicted of armed trespass to a structure and attempted third degree felony murder with a weapon. He appealed originally on an alleged instruction error and various sentencing errors. However, while the appeal was pending, the supreme court released State v. Gray, 654 So.2d 552 (Fla.1995), which was made applicable to all cases pending on appeal. Selway amended his appeal and argued that, under Gray, there is no such crime as attempted third degree felony murder.
On this issue, we agree. We therefore reverse Selway's conviction for attempted third degree felony murder, affirm his conviction of armed trespass and remand to the trial court for resentencing. We decline to rule on the present sentencing issues because the errors, if any, may well be cured at resentencing.
AFFIRMED in part; REVERSED in part and REMANDED for resentencing.
To continue reading
Request your trial
-
Kaplan v. State, 95-1118
...294 (Fla. 5th DCA 1995) (court simply reversed conviction for attempted third degree murder as a non-existent crime); Selway v. State, 660 So.2d 1176 (Fla. 5th DCA 1995) (court simply reversed defendant's conviction for attempted third degree felony murder ); Valladares v. State, 658 So.2d ......
-
Gibson v. State, 94-3311
...conflicting results are likely to be reached, in the numerous other cases affected by Gray and Grinage. See, e.g., Selway v. State, 660 So.2d 1176 (Fla. 5th DCA 1995); Wilson v. State, 660 So.2d 1067 (Fla. 3d DCA 1995) (on motion for rehearing and certification); Williams v. State, 657 So.2......
-
Pratt v. State
...that attempted felony murder is no longer a criminal offense in Florida. State v. Grinage, 656 So.2d 457 (Fla.1995); Selway v. State, 660 So.2d 1176 (Fla. 5th DCA 1995); Williams v. State, 657 So.2d 80 (Fla. 1st DCA 1995) (reversing conviction pursuant to Gray and remanding for "further pro......
-
Gutierrez v. State, 95-132
...conviction for nonexistent crime of attempted felony murder reversed and remanded for resentencing on other offenses); Selway v. State, 660 So.2d 1176 (Fla. 5th DCA 1995) (defendant's conviction for attempted third degree felony murder reversed, other convictions affirmed and remanded to tr......