STATE OF FLORIDA, PETITIONER,
v.
ARNOLD LEON PRATT, JR., RESPONDENT
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Where a conviction for attempted felony murder is vacated, the proper remedy is retrial on any lesser offense instructed upon at trial, including attempted manslaughter.
Defendant was charged with attempted second-degree murder and convicted of attempted third-degree murder. The conviction was vacated. The court consid…
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PER CURIAM.
We have for review a decision passing upon the following question certified to be of great public importance:
WHEN A DEFENDANT IS CHARGED WITH ATTEMPTED SECOND-DEGREE (DEPRAVED MIND) MURDER AND IS CONVICTED BY A JURY OF THE CATEGORY 2 LESSER-INCLUDED OFFENSE OF ATTEMPTED THIRD-DEGREE (FELONY) MURDER, DO STATE v. GRAY, 654 So. 2d 552 (Fla.1995), AND SECTION 924.34, FLORIDA STATUTES (1991), REQUIRE OR PERMIT THE TRIAL COURT, UPON REVERSAL OF THE CONVICTION, TO ENTER JUDGMENT FOR ATTEMPTED VOLUNTARY MANSLAUGHTER, A CATEGORY 1 NECESSARILY INCLUDED LESSER OFFENSE OF THE CRIME CHARGED?
IF THE ANSWER IS NO, THEN DO LESSER-INCLUDED OFFENSES OF THE CHARGED OFFENSE REMAIN VIABLE FOR A NEW TRIAL?
Pratt v. State, 668 So. 2d 1007, 1009-10 (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 Gray, the proper remedy is retrial on any lesser offense which was instructed on at trial. Here, Pratt’s conviction for attempted third-degree felony murder means he was effectually acquitted of the charge of attempted second-degree murder. He may therefore be tried on any other offense instructed on below which was equal to or lesser than attempted third-degree felony murder: here the jury was also instructed on attempted manslaughter. We approve the decision of the district court, answer the certified question as explained above, and remand for proceedings consistent with this opinion.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
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State v. Sigler, 967 So. 2d 835 (Fla. 2007)…not a ‘constitutionally acceptable substitute’ for such a jury determination.” Id. at 18. In reaching this conclusion the Fourth District cited with approval the First District’s decision in Pratt v. State, 668 So. 2d 1007 (Fla. 1st DCA), approved, 682 So. 2d 1096 (Fla.1996). The defendant in Pratt was convicted of attempted third-degree felony murder, which was no longer a crime after this Court’s decision in State v. Gray, 654 So. 2d 552 (Fla.1995). On appeal the State argued that the defendant was not enti…
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Markham Young v. State, 695 So. 2d 819 (Fla. 4th DCA 1997)…ucted on below which were equal to or lesser than attempted third-degree felony murder-” Id. at 818. Therefore, we remand for retrial on the lesser included charges of attempted manslaughter, aggravated assault, battery, and assault. State v. Pratt, 682 So. 2d 1096 (Fla.1996); State v. Wilson, 680 So. 2d 411 (Fla.1996). Regarding Young’s conviction for armed burglary of a dwelling with assault or battery, Young argues his motion for judgment of acquittal should have been granted on this charge because he was…
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Sigler v. State, 881 So. 2d 14 (Fla. 4th DCA 2004)…s verdict in this case did not include a jury determination beyond a reasonable doubt as to each element of third degree felony murder, defendant cannot be convicted of that offense. Cf. Pratt v. State, 668 So. 2d 1007, 1009 (Fla. 1st DCA), approved 682 So. 2d 1096 (Fla. 1996) (“Were we to adopt the state’s position and direct entry of judgment for attempted manslaughter (an intent crime) pursuant to section 924.34, we necessarily would be acting as the fact-finder and would have to assume the presence of the…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- State v. Eduards Wilson, 680 So. 2d 411 (Fla. 1996)
- Pratt v. State, 668 So. 2d 1007 (Fla. 1st DCA 1996)