State v. Harris

Supreme Court of Florida

State v. Harris

690 So. 2d 1297, 22 Fla. L. Weekly Supp. 175, 1997 Fla. LEXIS 331, 1997 WL 151881

CourtSupreme Court of Florida

DecidedApril 3, 1997

DocketNo. 88473

StatusPublished

Cited by1 cases

This text of 690 So. 2d 1297 (State v. Harris) is published on Counsel Stack Legal Research, covering Supreme Court 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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State v. Harris, 690 So. 2d 1297, 22 Fla. L. Weekly Supp. 175, 1997 Fla. LEXIS 331, 1997 WL 151881 (Fla. 1997).

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Opinion

HARDING, Justice.

We have for review a decision passing 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?

Harris v. State, 674 So.2d 854, 855 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

[1298]*1298We answered this question in State v. Wilson, 680 So.2d 411, 412-13 (Fla.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 other offenses of an equal or lesser degree which were instructed on at trial. Harris was convicted of attempted first-degree felony murder. Therefore, he may be tried on any of the offenses instructed on at trial which are of a degree equal to or lesser than attempted first-degree felony murder.

We answer the certified question as explained above, 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.

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HARDING, Justice.

We have for review a decision passing 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?

Harris v. State, 674 So.2d 854, 855 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

[1298]*1298We answered this question in State v. Wilson, 680 So.2d 411, 412-13 (Fla.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 other offenses of an equal or lesser degree which were instructed on at trial. Harris was convicted of attempted first-degree felony murder. Therefore, he may be tried on any of the offenses instructed on at trial which are of a degree equal to or lesser than attempted first-degree felony murder.

We answer the certified question as explained above, 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.

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690 So. 2d 1297, 22 Fla. L. Weekly Supp. 175, 1997 Fla. LEXIS 331, 1997 WL 151881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-fla-1997.

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