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STATE v. WILEY

No. 88144.

682 So.2d 1097 (1996)

STATE of Florida, Petitioner, v. Joseph WILEY, Respondent.

Supreme Court of Florida.

November 14, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; James W. Rogers, Bureau Chief, Senior Assistant Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Petitioner.

Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Respondent.

PER CURIAM.

We have for review a decision passing on the following question certified to be of great public importance:

WHEN A DEFENDANT IS CHARGED WITH FIRST DEGREE MURDER AND IS CONVICTED BY A JURY OF THE PERMISSIVE LESSER OFFENSE OF ATTEMPTED THIRD DEGREE MURDER, A NONEXISTENT CRIME, DOES STATE V. GRAY, 654 So.2d 552 (Fla. 1995), PERMIT THE TRIAL COURT, UPON REVERSAL OF THE CONVICTION AND REMAND, TO ENTER JUDGMENT...

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