Howard v. State
Supreme Court of Florida
Howard v. State, 684 So. 2d 194 (Fla. 1996)
21 Fla. L. Weekly Supp. 541; 1996 Fla. LEXIS 2134; 1996 WL 713488
Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells
Howard v. State
Opinion of the Court
We have for review a decision certifying the following question to be of great public importance:
DOES THE DECISION IN CONEY IV. STATE, 653 So.2d 1009 (Fla.), cert, denied,,-— U.S. , 116 S.Ct. 315, 133 L.Ed.2d 218 (1995) ] APPLY TO “PIPELINE CASES,” THAT IS, THOSE OF SIMILARLY SITUATED DEFENDANTS WHOSE CASES WERE PENDING ON DIRECT REVIEW OR NOT YET FINAL DURING THE TIME CONEY WAS UNDER CONSIDERATION BUT PRIOR TO THE ISSUANCE OF THE OPINION?
Howard v. State, 670 So.2d 1149, 1149 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We answered this question in Boyett v. State, No. 81,971, — So.2d-[1996 WL 693616] (Fla. Dec. 5,1996). There we wrote:
In Coney, we expressly held that “our ruling today clarifying this issue is prospective only.” Unless we explicitly state otherwise, a rule of law which is to be given prospective application does not apply to those cases which have been tried before the rule is announced. Because Boyett had already been tried when Coney issued, Coney does not apply.
Boyett, slip op. at 5, — So.2d at-.
Accordingly, we answer the certified question in the negative, approve the district
It is so ordered.
Reference
- Full Case Name
- Dino HOWARD v. STATE of Florida
- Status
- Published