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692 So. 2d 156

692 So.2d 156

22 Fla.L.WeeklySupp. 174

Mathis v. State

Supreme Court of Florida

Decided April 3, 1997

Supreme Court of Florida · decided 1997-04-03

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

Decided 1997-04-03

HARDING, Justice.

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

IS STATE V. GRAY, 654 So.2d 552 (Fla.1995) RETROACTIVE?

¶2Mathis v. State, 680 So.2d 633, 634 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3In Gray we abolished the crime of attempted felony murder in this state. We expressly defined the scope of application in that decision: “This decision must be applied to all cases pending on direct review or not yet final.” Gray, 654 So.2d at 554. In State v. Woodley, No. 88,116, — So.2d - (Fla. Apr. 3, 1997), we expressly held that Gray does not apply retroactively to those cases where the convictions had already become final before the issuance of the opinion.

¶4Accordingly, we answer the question in the negative and approve the decision of the district court.

¶5It is so ordered.

*157KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur.
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