State v. Fonseca
| Citation | 598 So.2d 1069 |
| Decision Date | 02 April 1992 |
| Docket Number | No. 77134,77134 |
| Parties | STATE of Florida, Petitioner, v. Rafael FONSECA, Respondent. 598 So.2d 1069, 17 Fla. L. Week. S219 |
| Court | United States State Supreme Court of Florida |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance, Third District--Case No. 89-2541, Dade County.
Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.
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, Sec. 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.
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Fonseca v. State, 89-2541
...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 ......