Wiley v. State

Appellant, Robert Earl Wiley, appeals the denial of his 3.850 motion for postconviction relief. We agree with the trial court’s ruling that State v. Gray, 654 So.2d 552 (Fla.1995), does not apply retroactively to invalidate this defendant’s conviction. See State v. Woodley, 695 So.2d 297 (Fla.1997). The trial court also ruled that State v. Iacovone, 660 So.2d 1371 (Fla.1995), should not be applied retroactively to invalidate the sentence imposed on Wiley. The Florida Supreme Court has now ruled that Iacovone is to be retroactively applied. State v. Stevens, 23 Fla. L. Weekly S166, — So.2d —…