Supreme Court of Florida, 1992

State v. Fonseca

Supreme Court of Florida · Decided April 2, 1992 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw

598 So. 2d 1069; 17 Fla. L. Weekly Supp. 219; 1992 Fla. LEXIS 679; 1992 WL 63124 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Fonseca v. State (Fla. Dist. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.