Whipple v. State

We have for review State v. Whipple, 592 So.2d 1101 (Fla. 3d DCA 1990), in which the Third District Court of Appeal certified the following question as one of great public importance:

SHOULD POPE V. STATE [561 So.2d 554] BE APPLIED RETROACTIVELY TO SENTENCES IMPOSED PRIOR TO APRIL 26, 1990?

We accept jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. In Smith v. State, 598 So.2d 1063 (Fla.1992), we answered this question in the affirmative.

In the instant case, the district court correctly applied Pope retroactively by finding that even though the judge orally…