Supreme Court of Florida, 1996

State v. Alfonso

Supreme Court of Florida · Decided July 18, 1996 · Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells

676 So. 2d 1365; 21 Fla. L. Weekly Supp. 332; 1996 Fla. LEXIS 1248; 1996 WL 400379 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Green v. State (Fla. Dist. Ct. App. 1996)
Bell v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We have for review a decision on the following question certified to be 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?

Alfonso v. State, 661 So.2d 308, 309 (Fla. 3d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered this question in State v. Wilson, No. 86,680, - So.2d - [1996 WL 365715] (Fla. July 3, 1996), by holding that where a conviction for attempted felony murder has been vacated on the basis of our opinion in Gray, the proper remedy is retrial on any lesser offense instructed on at trial. Wilson, slip op. at 3, — So.2d at -. We quash the decision below and remand for proceedings consistent with our opinion in Wilson.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.

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