Freeman v. State

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

IS STATE V. GRAY, 654 So.2d 552 (Fla.1995), RETROACTIVE?

Freeman v. State, 679 So.2d 364, 365 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Freeman pleaded guilty to attempted first-degree murder with a firearm in 1993. The trial court dismissed Freeman’s rule 3.850 motion to set aside his sentence under Gray, concluding that Gray did not apply retroactively. The Fourth District Court of Appeal affirmed, but certified the question to this Court.

We answered this question…