Opinion
No. 86739.
July 18, 1996.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Third District — Case No. 94-1732 (Dade County).
Robert A. Butterworth, Attorney General and Richard L. Polin, Assistant Attorney General, Miami, for Petitioner.
Bennett H. Brummer, Public Defender and Marti Rothenberg, Assistant Public Defender, Eleventh Judicial Circuit, Miami, for Respondent.
We have for review a decision on the following question certified to be of great public importance:
WHEN A CONVICTION FOR ATTEMPTED FIRST DEGREE FELONY MURDER MUST BE VACATED ON AUTHORITY OF STATE v. GRAY, 654 So.2d 552 (Fla. 1995), DO LESSER INCLUDED OFFENSES REMAIN VIABLE FOR A NEW TRIAL OR REDUCTION OF THE OFFENSE?
Alfonso v. State, 661 So.2d 308, 309 (Fla. 3d DCA 1995). We have jurisdiction. Art. V, § 3 (b)(4), Fla. Const.
We answered this question in State v. Wilson, No. 86,680, ___ So.2d ___ [1996 WL 365715] (Fla. July 3, 1996), by holding that where a conviction for attempted felony murder has been vacated on the basis of our opinion in Gray, the proper remedy is retrial on any lesser offense instructed on at trial. Wilson, slip op. at 3, ___ So.2d ___ at. We quash the decision below and remand for proceedings consistent with our opinion in Wilson.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.