Branch v. State

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

DOES THE DECISION IN CONEY 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?

Branch v. State, 671 So.2d 224, 224 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered this question in Boyett v. State, No. 81,971, — So.2d —[1996 WL 693616] (Fla. Dec. 5,1996). There we wrote:

In Coney [v. State, 653…