Legal Opinion

State v. Ellis

Supreme Court of Florida

Decided December 19, 1996No. Nos. 88323, 88342Published

1Per curiam

We have for review a decision certifying the following question 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?

Ellis v. State, 685 So.2d 859 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered this question in State v. Wilson, 680 So.2d 411 (Fla.1996), by holding that where a conviction for attempted felony murder has been vacated on the basis of our opinion in…

2Cases cited3 opinions

  1. State v. GraySupreme Court of Florida · 1995
  2. State v. WilsonSupreme Court of Florida · 1996
  3. Ellis v. StateDistrict Court of Appeal of Florida · 1996

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