Alzamora v. State

District Court of Appeal of Florida

Alzamora v. State

689 So. 2d 1281, 1997 Fla. App. LEXIS 2709, 1997 WL 129184

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1997

DocketNo. 96-1380

StatusPublished

Cited by1 cases

This text of 689 So. 2d 1281 (Alzamora v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alzamora v. State, 689 So. 2d 1281, 1997 Fla. App. LEXIS 2709, 1997 WL 129184 (Fla. Ct. App. 1997).

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Opinion

ANTOON, Judge.

Alfonso Jose Alzamora (defendant) filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, challenging his conviction for attempted first-degree felony murder of a law enforcement [1282]*1282officer. He contends that his conviction must be vacated under the authority of State v. Gray, 654 So.2d 552 (Fla.1995), which held that the crime of attempted felony murder is nonexistent. We affirm the trial court’s order denying relief because, as noted by the supreme court in State v. Wilson, 680 So.2d 411 (Fla.1996), attempted felony murder was a valid offense prior to Gray and only became nonexistent when the decision in Gray was issued. See also Motes v. State, 684 So.2d 852 (Fla. 5th DCA 1996); Freeman v. State, 679 So.2d 364 (Fla. 4th DCA 1996). However, we certify the following question as one of great public importance:

WHETHER STATE V. GRAY, 654 So.2d 552 (Fla.1995), MUST BE APPLIED RETROACTIVELY TO CASES WHICH WERE NOT PENDING AND/OR WHICH WERE FINAL AT THE TIME THE DECISION WAS RENDERED.

AFFIRMED.

DAUKSCH and GRIFFIN, JJ., concur.

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ANTOON, Judge.

Alfonso Jose Alzamora (defendant) filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, challenging his conviction for attempted first-degree felony murder of a law enforcement [1282]*1282officer. He contends that his conviction must be vacated under the authority of State v. Gray, 654 So.2d 552 (Fla.1995), which held that the crime of attempted felony murder is nonexistent. We affirm the trial court’s order denying relief because, as noted by the supreme court in State v. Wilson, 680 So.2d 411 (Fla.1996), attempted felony murder was a valid offense prior to Gray and only became nonexistent when the decision in Gray was issued. See also Motes v. State, 684 So.2d 852 (Fla. 5th DCA 1996); Freeman v. State, 679 So.2d 364 (Fla. 4th DCA 1996). However, we certify the following question as one of great public importance:

WHETHER STATE V. GRAY, 654 So.2d 552 (Fla.1995), MUST BE APPLIED RETROACTIVELY TO CASES WHICH WERE NOT PENDING AND/OR WHICH WERE FINAL AT THE TIME THE DECISION WAS RENDERED.

AFFIRMED.

DAUKSCH and GRIFFIN, JJ., concur.

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689 So. 2d 1281, 1997 Fla. App. LEXIS 2709, 1997 WL 129184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alzamora-v-state-fladistctapp-1997.

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