District Court of Appeal of Florida

Denial of motion for postconviction relief is affirmed where: 1) defendant's case was final at the time of a Florida Supreme Court decision holding that the crime of attempted felony murder did not exist; 2) the holding specifically did not apply retroactively; 3) justice does not dictate that defendant receive the same relief as a co-defendant whose appeal was not final at the time of the decision; and 4) the sentence is not constitutionally disproportionate in relation to his co-defendants.

Appellate Information

• Decided 11/29/2006
• Published 11/29/2006

Judges

Court

• District Court of Appeal of Florida

Counsel