State v. Hampton

We have for review Hampton v. State, 699 So.2d 247 (Fla. 1st DCA 1996), which presents the same issue for review as did Woodley v. State, 673 So.2d 127, 129 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Hampton and Woodley both question whether our decision in State v. Gray, 654 So.2d 552 (Fla.1995), applies retroactively. The court below followed the Third District Court of Appeal’s decision in Woodley and held that our decision in Gray does apply retroactively. Hampton, 21 Fla. L. Weekly at D2114. However, on review, we quashed the decision in Woodley, stating:

In…