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691 So. 2d 1153

Rodriguez v. State

District Court of Appeal of Florida · decided 1997-04-16

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

Decided 1997-04-16

PER CURIAM.

¶1Reinaldo Rodriguez appeals from the denial, of his motion for posteonviction relief. We affirm.

¶2In his motion for postconviction relief, defendant’s sole contention is that he should be granted a new trial on the charge of attempted premeditated murder. Defendant was convicted of the crime of attempted felony murder in 1993; this court affirmed his conviction. Rodriguez v. State, 623 So.2d 1246 (Fla. 3d DCA 1993). The mandate issued on October 14,1993.

¶3We affirm the order on appeal on the authority of State v. Woodley, 22 Fla. L. Weekly S174, — So.2d — [1997 WL 151879] (Fla. Apr. 3, 1997), in which the supreme court held that its decision in State v. Gray, 654 So.2d 552 (Fla.1995) “does not apply retroactively to those cases where the convictions had already become final before the issuance of the opinion.”

¶4AFFIRMED.

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