STATE OF FLORIDA, PETITIONER,
v.
RAFAEL FONSECA, RESPONDENT
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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fonseca v. State, 614 So. 2d 33 (Fla. 3d DCA 1993)…ngaged in a criminal offense and remanded for resentenc-ing within the guidelines. Fonseca v. State, 570 So. 2d 424 (Fla. 3d DCA1990). The Florida Supreme Court quashed this court’s opinion and remanded for further reconsideration. State v. Fonseca, 598 So. 2d 1069 (Fla. 1992). On remand, based on the State’s proper confession of error, we once again affirm the defendant's conviction for second-degree murder and reverse his conviction for unlawful possession of a firearm while engaged in a criminal offense. .…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)
- Jones v. State, 559 So. 2d 204 (Fla. 1990)
- Fonseca v. State, 570 So. 2d 424 (Fla. 3d DCA 1990)