Hampton v. State

ALLEN, Judge.

The appellant challenges the denial of a Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in which he asserted that he should not have been convicted of attempted felony murder, as State v. Gray, 654 So.2d 552 (Fla.1995), establishes that there is no such criminal offense in Florida. Although the appellant had filed a prior motion under rule 3.850 raising a different claim, the supreme court’s subsequent ruling in Gray could not then have been reasonably anticipated and the present motion thus does not constitute an abuse of the procedure as delineated in…