Opinion
Case No. 94-1432
Opinion filed February 3, 1997.
An appeal from the circuit court for Okaloosa County. Jack Heflin, Judge.
Nancy Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee, Attorneys for Appellant.
Robert A. Butterworth, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, Attorneys for Appellee.
ON REMAND
In accordance with the mandate issued in State v. Pratt, 21 Fla. L. Weekly S492 (Fla. Nov. 14, 1996), affirming our decision in Pratt v. State, 668 So.2d 1007 (Fla. 1st DCA 1996), and answering a certified question, we remand the case to the trial court for further proceedings in accordance with the principle set forth in State v. Wilson, 21 Fla. L. Weekly S292 (Fla. July 5, 1996) (when a conviction for attempted first-degree felony murder must be vacated on authority of State v. Gray, 654 So.2d 552 (Fla. 1995), lesser included offenses instructed on at trial remain viable for a new trial).
AFFIRMED.
BOOTH, MINER, AND MICKLE, JJ., CONCUR.