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690 So. 2d 1297

690 So.2d 1297

22 Fla.L.WeeklySupp. 175

State v. Harris

Supreme Court of Florida

Decided April 3, 1997

Supreme Court of Florida · decided 1997-04-03

Key passage — most relied on by later courts

“WHEN A CONVICTION FOR ATTEMPTED FIRST DEGREE FELONY MURDER MUST BE VACATED ON AUTHORITY OF STATE V GRAY, 654 S0.2D 552 (FLA.1995), DO LESSER INCLUDED OFFENSES REMAIN VIABLE FOR A NEW TRIAL OR REDUCTION OF THE OFFENSE?”

quoted by 1 later decision, including Harris v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-03

How this case has been cited

Cited by 21 later decisions — most recently March 2010

20 state decisions

130199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HARDING, Justice.

¶1We have for review a decision passing 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?

¶2Harris v. State, 674 So.2d 854, 855 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

¶3*1298We answered this question in State v. Wilson, 680 So.2d 411, 412-13 (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 other offenses of an equal or lesser degree which were instructed on at trial. Harris was convicted of attempted first-degree felony murder. Therefore, he may be tried on any of the offenses instructed on at trial which are of a degree equal to or lesser than attempted first-degree felony murder.

¶4We answer the certified question as explained above, quash the decision of the district court, and remand for proceedings consistent with this opinion.

¶5It is so ordered.

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