Pratt v. State

District Court of Appeal of Florida

Pratt v. State

687 So. 2d 65, 1997 Fla. App. LEXIS 356, 1997 WL 38131

District Court of Appeal of Florida·Decided February 3, 1997·No. No. 94-1432·Published

Opinion

ON REMAND

PER CURIAM.

In accordance with the mandate issued in State v. Pratt, 682 So.2d 1096 (Fla.1996), affirming our decision in Pratt v. State, 668 So.2d 1007 (Fla. 1st DCA 1996), and answering a certified question, we remand the case to the trial court for further proceedings in accordance with the principle set forth in State v. Wilson, 680 So.2d 411 (Fla.1996) (when a conviction for attempted first-degree felony murder must be vacated on authority of State v. Gray, 654 So.2d 552 (Fla.1995), lesser included offenses instructed on at trial remain viable for a new trial).

AFFIRMED.

BOOTH, MINER and MICKLE, JJ., concur.

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ON REMAND

PER CURIAM.

In accordance with the mandate issued in State v. Pratt, 682 So.2d 1096 (Fla.1996), affirming our decision in Pratt v. State, 668 So.2d 1007 (Fla. 1st DCA 1996), and answering a certified question, we remand the case to the trial court for further proceedings in accordance with the principle set forth in State v. Wilson, 680 So.2d 411 (Fla.1996) (when a conviction for attempted first-degree felony murder must be vacated on authority of State v. Gray, 654 So.2d 552 (Fla.1995), lesser included offenses instructed on at trial remain viable for a new trial).

AFFIRMED.

BOOTH, MINER and MICKLE, JJ., concur.

Pratt v. State, 687 So. 2d 65, 1997 Fla. App. LEXIS 356, 1997 WL 38131 (Fla. Ct. App. 1997).

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Opinion

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