Sweeney v. State

PER CURIAM.

We affirm the denial of appellant’s rule 3.850 motion, which challenged his conviction for attempted felony murder based on State v. Gray, 654 So.2d 552 (Fla.1995). As in Freeman v. State, 679 So.2d 364 (Fla. 4th DCA 1996), we certify to the supreme court the following question as one of great public importance:

IS STATE V. GRAY, 654 So.2d 552 (FLA.1995), RETROACTIVE?

POLEN, PARIENTE and GROSS, JJ., concur.