Caldwell 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.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?

Caldwell v. State, 676 So.2d 44, 45 (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 that we…