Miller v. Wainwright

ERVIN, Chief Judge.

Miller appeals from the denial of his motion for post conviction relief pursuant to Fla.R.Crim.P. 3.850. We affirm.

The trial court was correct in finding this court’s decision in Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980), decided after Miller’s convictions for attempted armed robbery and attempted kidnapping had been affirmed by this court on direct appeal, to be inapplicable. The law as it exists at the time of appellate review, and not at some later date, must be applied to pending cases. State, Department of Transportation v. Pan American Construction Company,…