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598 So. 2d 1069

598 So.2d 1069

17 Fla.L.WeeklySupp. 219

State v. Fonseca

Supreme Court of Florida

Decided April 2, 1992

Supreme Court of Florida · decided 1992-04-02

Cited by 1 later decisions — most recently February 1993

1 state decisions

Relies on 561 So. 2d 554 - Pope v. State · 598 So. 2d 1063 - Smith v. State · 559 So. 2d 204 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-04-02

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PER CURIAM.

¶1We 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?

¶2We 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.

¶3It is so ordered.

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