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676 So. 2d 1365

676 So.2d 1365

21 Fla.L.WeeklySupp. 332

State v. Lee

Supreme Court of Florida

Decided July 18, 1996

Supreme Court of Florida · decided 1996-07-18

Cited by 2 later decisions — most recently October 1996

2 state decisions

Relies on 654 So. 2d 552 - State v. Gray · Lee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-18

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PER CURIAM.

¶1We have for review a decision on the following question certified to be of great public importance:

WHEN A CONVICTION FOR ATTEMPTED FIRST DEGREE FELONY MURDER MUST BE VACATED ON AUTHORITY OF STATE v. GRAY, 654 So.2d 552 (Fla.1995), DO LESSER INCLUDED OFFENSES REMAIN VIABLE FOR A NEW TRIAL OR REDUCTION OF THE OFFENSE?

¶2Lee v. State, 664 So.2d 330, 331 (Fla. 3d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3We answered this question in State v. Wilson, No. 86,680, — So.2d - (Fla. July 3, 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 instructed on at trial. Wilson, slip op. at 3, — So.2d at -. We quash the decision below and remand for proceedings consistent with our opinion in Wilson.

¶4It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
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