GARY SELWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARRIS, Judge.
Gary Scott Selway was convicted of armed trespass to a structure and attempted third degree felony murder with a weapon. He appealed originally on an alleged instruction error and various sentencing errors. However, while the appeal was pending, the supreme court released State v. Gray, 654 So. 2d 552 (Fla.1995), which was made applicable to all cases pending on appeal. Selway amended his appeal and argued that, under Gray, there is no such crime as attempted third degree felony murder. On this issue, we agree. We therefore reverse Selway’s conviction for attempted third degree felony murder, affirm his conviction of armed trespass and remand to the trial court for resentencing. We decline to rule on the present sentencing issues because the errors, if any, may well be cured at resentencing.
AFFIRMED in part; REVERSED in part and REMANDED for resentencing.
DAUKSCH and ANTOON, JJ., concur.
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Pratt v. State, 668 So. 2d 1007 (Fla. 1st DCA 1996)…rder. We reverse this conviction on the authority of State v. Gray, 654 So. 2d 552, 553-54 (Fla.1995), which holds that attempted felony murder is no longer a criminal offense in Florida. State v. Grinage, 656 So. 2d 457 (Fla.1995); Selway v. State, 660 So. 2d 1176 (Fla. 5th DCA 1995); Williams v. State, 657 So. 2d 80 (Fla. 1st DCA 1995) (reversing conviction pursuant to Gray and remanding for “further proceedings”). We remand the case for further proceedings consistent with Gray. Because the Florida Supreme C…
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Gibson v. State, 667 So. 2d 884 (Fla. 1st DCA 1996)…iable for a new trial or for a reduction of the offense. We recognize that this type of question will arise, and that conflicting results are likely to be reached, in the numerous other cases affected by Gray and Grinage. See, e.g., Selway v. State, 660 So. 2d 1176 (Fla. 5th DCA 1995); Wilson v. State, 660 So. 2d 1067 (Fla. 3d DCA 1995) (on motion for rehearing and certification); Williams v. State, 657 So. 2d 80 (Fla. 1st DCA 1995). Accordingly, we certify the same question presented by the Third District Cou…
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Gutierrez v. State, 665 So. 2d 294 (Fla. 5th DCA 1995)…ould exist for nonexistent crime). See also, Valladares v. State, 658 So. 2d 626 (Fla. 5th DCA 1995) (defendant’s conviction for nonexistent crime of attempted felony murder reversed and remanded for resentencing on other offenses); Selway v. State, 660 So. 2d 1176 (Fla. 5th DCA 1995) (defendant’s conviction for attempted third degree felony murder reversed, other convictions affirmed and remanded to trial court for resentencing); and State v. Miller, 660 So. 2d 272 (Fla.1995) (based on Gray, court would appro…
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- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)