1 | Representative Seiler offered the following: |
2 |
|
3 | Amendment |
4 | Remove line(s) 28 through 49 and insert: |
5 | WHEREAS, the Legislature finds that the Florida Supreme |
6 | Court has the authority and responsibility "to reconsider and |
7 | correct erroneous rulings in exceptional circumstances and |
8 | where reliance on the previous decision would result in |
9 | manifest injustice..." State v. Owens, 696 So.2d 715, 720 (Fla. |
10 | 1997), and |
11 | WHEREAS, the Legislature finds that the case of Delgado v. |
12 | State, 776 So.2d 233 (Fla. 2000), results in decisions which |
13 | are manifestly unjust because it has caused the reversal of |
14 | convictions of individuals who were tried and convicted of |
15 | burglary, or felony murder based on burglary, under the |
16 | interpretation of the burglary statute approved by the |
17 | Legislature, in order to grant relief to undeserving defendants |
18 | under an interpretation of the burglary statute expressly |
19 | rejected by the Legislature, and |