Rodriguez v. State

Full title: REINALDO RODRIGUEZ, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 16, 1997

691 So. 2d 1153 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3441

Opinion filed April 16, 1997.

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Robert N. Scola, Jr., Judge.

LOWER TRIBUNAL NO. 91-36348

Reinaldo Rodriguez, in proper person.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General (Fort Lauderdale), for appellee.

Before JORGENSON, COPE, and FLETCHER, JJ.

PER CURIAM.

Reinaldo Rodriguez appeals from the denial of his motion for postconviction relief. We affirm.

In 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.

We affirm the order on appeal on the authority of State v. Woodley, 22 Fla. L. Weekly S174 (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."

AFFIRMED.