State v. Gantorius (708 So. 2d 276, 1998)

SHAW, Justice.

We have for review Gantorius v. State, 693 So.2d 1040 (Fla. 3d DCA 1997), wherein the district court certified the following question:

DOES THE HOLDING OF STATE V. IACOVONE, 660 So.2d 1371 (Fla.1995) SATISFY THE TEST OF WITT V. STATE, 387 So.2d 922 (Fla.1980), FOR RETROACTIVE APPLICATION?

We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We answered this question in the affirmative in State v. Stevens, No. 90,624, — So.2d - (Fla. Mar. 26, 1998). We approve Gantorius.

It is so ordered.

KOGAN, C.J., OVERTON, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.

WELLS, J., dissents.