Opinion
Case No. 97-3087
Opinion filed January 27, 1998.
An appeal from the Circuit Court of Leon County. J. Lewis Hall, Jr., Judge.
Robert Augustus Harper and Steven Brian Whittington of Robert Augustus Harper Law Firm, P.A., Tallahassee, for Appellant.
Robert Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.
Appellant Kevin Isaac seeks postconviction collateral relief for his 1992 conviction of attempted felony murder. InState v. Gray, 654 So.2d 552 (Fla. 1995), the Florida Supreme Court abolished the crime of attempted felony murder. Nevertheless, in State v. Woodley, 695 So.2d 697 (Fla. 1997), the Supreme Court declared that its holding inGray would not be retroactively applied to cases which had already become final before the Gray decision. Here, appellant argues that the Supreme Court's holding inWoodley contravenes the United States Supreme Court's test for retroactivity set forth in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). "This court is not at liberty to disregard an applicable rule of law pronounced by the Florida Supreme Court." Burke v. State, 672 So.2d 829, 831 (Fla. 1st DCA 1995).
AFFIRMED
KAHN, MICKLE, and DAVIS, JJ., Concur