Woodley v. State, No. 95-2749
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Before SCHWARTZ; PER CURIAM |
| Citation | 673 So.2d 127 |
| Docket Number | No. 95-2749 |
| Decision Date | 08 May 1996 |
| Parties | 21 Fla. L. Weekly D1083 Diana WOODLEY, Appellant, v. The STATE of Florida, Appellee. |
Page 127
v.
The STATE of Florida, Appellee.
Third District.
Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.
PER CURIAM.
On October 9, 1992, the defendant approached the victim, who had just gotten into her car in a shopping center parking lot and asked her for directions. Suddenly, the defendant drew a knife and demanded the victim's purse and keys. As the defendant fought with the victim, she cut the victim's arm with the knife. The defendant pulled the purse and keys from the victim and ran towards the defendant's car. The victim chased the defendant to her car and tried to reclaim her purse and keys as the defendant drove away, striking the victim with her car. Police later apprehended the defendant, and the State charged her with armed robbery, armed burglary, attempted first-degree felony murder, and escape. After a trial, a jury found the defendant guilty on all four counts. On direct appeal, this court affirmed the decision of the trial court. Woodley v. State, 638 So.2d 956 (Fla. 3d DCA 1994).
In State v. Gray, the Florida Supreme Court held that attempted felony murder is not a crime in the State of Florida. As a consequence, the defendant filed a Rule 3.850 motion alleging that her attempted first-degree felony murder conviction should be vacated. 654 So.2d 552 (Fla.1995) (overruling Amlotte v. State, 456 So.2d 448 (Fla.1984)). The trial court denied this motion. The defendant now appeals the denial of her motion.
The conviction and sentence for attempted first-degree felony murder must be set aside since, pursuant to Gray, the Supreme Court has held that the aforementioned charge is not a crime in the State of Florida. Gray, 654 So.2d at 554. "[E]stablished authority in Florida holds that one cannot be punished based on a judgment of guilt of a purported crime when the 'offense' in question does not exist. Stated differently, it is a fundamental
Page 128
matter of due process that the state may only punish one who has committed an offense." State v. Sykes, 434 So.2d 325, 328 (Fla.1983); see Thompson v. State, 667 So.2d 470 (Fla. 3d DCA 1996) (reversing a conviction for attempted felony murder that was pending on direct review because one cannot be convicted of a nonexistent crime); Hilare v. State, 669 So.2d 1135 (Fla. 3d DCA 1996) (reversing attempted murder conviction "[b]ecause the state ... argued to the jury both attempted felony murder and attempted premeditated murder, [and] it is impossible to determine upon which theory the jury based its convictions.")The question posed by this case is whether Gray applies retroactively to cases already final. The United States Supreme Court has held that cases are non-retroactive when (1) the court "has applied settled precedents to new and different factual situations ...," or (2) the court "has expressly declared a rule of criminal procedure to be 'a clear break with the past'," but...
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Motes v. State, No. 96-2403
...was issued for purposes of making a timely collateral attack. See Freeman v. State, 679 So.2d 364 (Fla. 4th DCA 1996); Woodley v. State, 673 So.2d 127 (Fla. 3d DCA Recently, in State v. Wilson, 680 So.2d 411 (Fla.1996), the Florida Supreme Court determined that a defendant whose attempted f......
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Freeman v. State, No. 96-1437
...appellant's motion, the third district concluded that Gray was retroactive and granted relief under rule 3.850 in Woodley v. State, 673 So.2d 127 (Fla. 3d DCA 1996), applying the test for retroactivity set out in State v. Callaway, 658 So.2d 983 In Callaway, our supreme court adhered to the......
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Miller v. State, No. 96-949
...of attempted premeditated murder and attempted felony murder. Relying on State v. Gray, 654 So.2d 552 (Fla.1995), Woodley v. State, 673 So.2d 127 (Fla. 3d DCA 1996) and Brown v. State, --- So.2d ---- (Fla. 3d DCA Case no. 95-3401, opinion filed, June 5, 1996), the defendant now seeks 3.850 ......
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State v. Woodley, No. 88116
...TO OVERTURN THE CONVICTION OF A PERSON CONVICTED OF THAT CRIME, AFTER THE CASE HAS BECOME FINAL ON APPEAL? Woodley v. State, 673 So.2d 127, 129 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), In Gray we abolished the crime of attempted felony murder in this state. We expressly ......
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Motes v. State, No. 96-2403
...was issued for purposes of making a timely collateral attack. See Freeman v. State, 679 So.2d 364 (Fla. 4th DCA 1996); Woodley v. State, 673 So.2d 127 (Fla. 3d DCA Recently, in State v. Wilson, 680 So.2d 411 (Fla.1996), the Florida Supreme Court determined that a defendant whose attempted f......
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Freeman v. State, No. 96-1437
...appellant's motion, the third district concluded that Gray was retroactive and granted relief under rule 3.850 in Woodley v. State, 673 So.2d 127 (Fla. 3d DCA 1996), applying the test for retroactivity set out in State v. Callaway, 658 So.2d 983 In Callaway, our supreme court adhered to the......
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Miller v. State, No. 96-949
...of attempted premeditated murder and attempted felony murder. Relying on State v. Gray, 654 So.2d 552 (Fla.1995), Woodley v. State, 673 So.2d 127 (Fla. 3d DCA 1996) and Brown v. State, --- So.2d ---- (Fla. 3d DCA Case no. 95-3401, opinion filed, June 5, 1996), the defendant now seeks 3.850 ......
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State v. Woodley, No. 88116
...TO OVERTURN THE CONVICTION OF A PERSON CONVICTED OF THAT CRIME, AFTER THE CASE HAS BECOME FINAL ON APPEAL? Woodley v. State, 673 So.2d 127, 129 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), In Gray we abolished the crime of attempted felony murder in this state. We expressly ......