Magrans v. State

(specially concurring).

While I join the opinion of the court, this case again presents the question whether the decision in Pope v. State, 561 So.2d 554 (Fla.1990), is applicable to sentencing orders entered prior to its announcement on April 26, 1990. I would certify, as we have in the past, the following question as being of great public importance:

SHOULD POPE V. STATE BE APPLIED RETROACTIVELY TO SENTENCES IMPOSED PRIOR TO APRIL 26, 1990?

See Crenshaw v. State, 570 So.2d 349 (Fla. 3d DCA 1990); Fonseca v. State, 570 So.2d 424 (Fla. 3d DCA 1990); State v. Reliford, 568 So.2d 534 (Fla. 3d DCA…