Rafael v. State

We have for review a decision certifying the following question to be of great public importance:

DOES THE DECISION IN CONEY V. 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 OTHERWISE NOT YET FINAL WHEN THE OPINION WAS RELEASED?

*336Rafael v. State, 679 So.2d 314, 315 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered this question in Boyett v. State, 688 So.2d 308 (Fla.1996). We acknowledged there…