State v. Fonseca

Supreme Court of Florida

State v. Fonseca

598 So. 2d 1069, 17 Fla. L. Weekly Supp. 219, 1992 Fla. LEXIS 679, 1992 WL 63124

CourtSupreme Court of Florida

DecidedApril 2, 1992

DocketNo. 77134

StatusPublished

Cited by1 cases

This text of 598 So. 2d 1069 (State v. Fonseca) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Fonseca, 598 So. 2d 1069, 17 Fla. L. Weekly Supp. 219, 1992 Fla. LEXIS 679, 1992 WL 63124 (Fla. 1992).

Pincite

Opinion

PER CURIAM.

We have for review Fonseca v. State, 570 So.2d 424, 425 (Fla. 3d DCA 1990), which certified the same question of great public importance answered in Smith v. State, 598 So.2d 1063 (Fla.1992):

Should Pope v. State [, 561 So.2d 554 (Fla.1990),] be applied retroactively to sentences imposed prior to April 26, 1990?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. As in Smith, the certified question is answered in the affirmative. While we find the district court’s conclusions consistent with our views in Smith, we nevertheless quash the opinion under review and remand for reconsideration in light of Jones v. State, 559 So.2d 204 (Fla.1990). We do not address the other issues raised by the parties.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

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