From Casetext: Smarter Legal Research

State v. Woodley

Supreme Court of Florida
Jun 10, 1997
695 So. 2d 297 (Fla. 1997)

Summary

holding that State v. Gray , 654 So.2d 552 (Fla. 1995), which had abolished the crime of attempted felony murder in Florida, did not apply retroactively

Summary of this case from Curry v. State

Opinion

No. 88116.

April 3, 1997. Rehearing Denied June 10, 1997.

Appeal from the Circuit Court, Dade County, Michael B. Chavies, J.

Robert A. Butterworth, Attorney General and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, for Petitioner.

Bennett H. Brummer, Public Defender and Robert Kalter, Assistant Public Defender, Eleventh Judicial Circuit, Miami, for Respondent.

Beverly A. Pohl, Fort Lauderdale; and Bruce S. Rogow of Bruce S. Rogow, P.A., Fort Lauderdale, for The Florida Association of Criminal Defense Lawyers, Amicus Curiae.


We have for review a decision passing on the following question certified to be of great public importance:

SHOULD STATE V. GRAY, 654 So.2d 552 (Fla. 1995), HOLDING THAT ATTEMPTED FELONY MURDER IS NOT A CRIME, BE APPLIED RETROACTIVELY 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), Fla.Const.

In Gray we abolished the crime of attempted felony murder in this state. We expressly defined the scope of application in that decision: "This decision must be applied to all cases pending on direct review or not yet final." Gray, 654 So.2d at 554. Woodley argues that because Gray held that the offense of attempted felony murder was nonexistent in Florida, the decision must also be applied retroactively. In State v. Wilson, 680 So.2d 411 (Fla. 1996), we dealt with the issue of whether attempted felony murder was a "nonexistent" offense in the traditional sense. There we wrote:

In the earlier cases, "nonexistent" had a slightly different connotation. There, the offenses in question were never valid statutory offenses in Florida; they were simply the product of erroneous instruction. Here, attempted felony murder was a valid offense, with enumerated elements and identifiable lesser offenses, for approximately eleven years. It only became "nonexistent" when we decided Gray. Because it was a valid offense before Gray, and because it had ascertainable lesser offenses, retrial on any lesser offense which was instructed on at trial is appropriate.

Wilson, 680 So.2d at 412-13. Consistent with this rationale, and with our statement in Gray itself that the decision "must be applied to all cases pending on direct review or not yet final," we hold that Gray does not apply retroactively to those cases where the convictions had already become final before the issuance of the opinion.

Accordingly, we answer the question in the negative, quash the decision of the district court, and remand for proceedings consistent with this opinion.

It is so ordered.

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


Summaries of

State v. Woodley

Supreme Court of Florida
Jun 10, 1997
695 So. 2d 297 (Fla. 1997)

holding that State v. Gray , 654 So.2d 552 (Fla. 1995), which had abolished the crime of attempted felony murder in Florida, did not apply retroactively

Summary of this case from Curry v. State

holding that Gray was not to be applied retroactively to cases which were final at the time Gray was rendered

Summary of this case from Phillips v. State

determining that decision holding that attempted felony murder was a nonexistent crime was not retroactive

Summary of this case from Windom v. State

determining that decision holding that attempted felony murder was a nonexistent crime was not retroactive

Summary of this case from Windom v. State

addressing State v. Gray, 654 So.2d 552 (Fla. 1995), wherein the Court held that the legal basis for the crime of attempted felony murder was too cumbersome to be countenanced any longer by the courts

Summary of this case from Bunkley v. State

In State v. Woodley, 695 So.2d 297 (Fla. 1997), this Court clarified that the Gray decision should not be applied retroactively to overturn a conviction of attempted felony murder that has become final on appeal. Because the crime of attempted felony murder was a valid offense when Van Poyck's convictions became final, he is not entitled to the relief requested.

Summary of this case from Van Poyck v. Singletary

stating that the decision inGray is not retroactive

Summary of this case from Markland v. State
Case details for

State v. Woodley

Case Details

Full title:STATE of Florida, Petitioner, v. Diana WOODLEY, Respondent

Court:Supreme Court of Florida

Date published: Jun 10, 1997

Citations

695 So. 2d 297 (Fla. 1997)

Citing Cases

State v. Stevens

Retroactive application thus is required under Witt. See State v. Woodley, 695 So.2d 297 (Fla. 1997).See…

Bunkley v. State

upheavals, see the following:James v. State, 615 So.2d 668 (Fla. 1993) (addressing Espinosa v. Florida, 505…