Delva v. State
571 So. 2d 1, 1990 Fla. App. LEXIS 1773, 1990 WL 154195
CourtDistrict Court of Appeal of Florida
DecidedMarch 20, 1990
DocketNo. 88-1430
StatusPublished
Cited by1 cases
This text of 571 So. 2d 1 (Delva v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Delva v. State, 571 So. 2d 1, 1990 Fla. App. LEXIS 1773, 1990 WL 154195 (Fla. Ct. App. 1990).
Opinion
ON MOTIONS FOR REHEARING AND CERTIFICATION
We deny the State’s motion for rehearing.
We grant the State’s request for certification of a question of great public importance:
In a case tried prior to the decision in State v. Dominguez, 509 So.2d 917 (Fla.1987), is it fundamental error to fail to instruct the jury that in order to convict, the State must prove that defendant knew the substance contained in the package in defendant’s car was cocaine, where the instructions were susceptible of the reading that knowing possession of the package containing the substance was sufficient to convict, and where the error is urged on direct appeal from the conviction, not on collateral attack.
Motion for rehearing denied; question certified.
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Related
State v. Delva
575 So. 2d 643 (Supreme Court of Florida, 1991)
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571 So. 2d 1, 1990 Fla. App. LEXIS 1773, 1990 WL 154195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delva-v-state-fladistctapp-1990.