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FREEMAN v. STATE

No. 96-1437.

679 So.2d 364 (1996)

Theodore FREEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 18, 1996.

Attorney(s) appearing for the Case

Theodore Freeman, Indiantown, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

Appellant pled guilty to first degree attempted felony murder and armed robbery with a firearm in 1993. After our supreme court held that attempted felony murder is not a crime in State v. Gray, 654 So.2d 552 (Fla.1995), he moved under rule 3.850 to set aside the conviction. The trial court summarily denied the motion, concluding that Gray would not be retroactive because of a statement in State v...

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