Gangloff v. State

District Court of Appeal of Florida

Gangloff v. State

413 So. 2d 40, 1982 Fla. App. LEXIS 19215

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1982

DocketNos. 80-995, 80-1199

StatusPublished

Cited by1 cases

This text of 413 So. 2d 40 (Gangloff 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.

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Gangloff v. State, 413 So. 2d 40, 1982 Fla. App. LEXIS 19215 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

We find no reversible error and affirm. As to the appellant’s claim of error for failure of the trial court to instruct on penalties we affirm for the same reasons as those set out in our opinion issued today in the case of Miller v. State, 410 So.2d 557 (Fla. 4th DCA 1982). For the same reasons discussed in Miller we certify the following question of great public importance to the Supreme Court:

May the harmless error rule be applied where the only penalty instruction requested is for the main offense charged and the defendant is subsequently convicted of a lesser included offense?

ANSTEAD and HURLEY, JJ., and MINER, CHARLES E., Jr., Associate Judge, concur.

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PER CURIAM.

We find no reversible error and affirm. As to the appellant’s claim of error for failure of the trial court to instruct on penalties we affirm for the same reasons as those set out in our opinion issued today in the case of Miller v. State, 410 So.2d 557 (Fla. 4th DCA 1982). For the same reasons discussed in Miller we certify the following question of great public importance to the Supreme Court:

May the harmless error rule be applied where the only penalty instruction requested is for the main offense charged and the defendant is subsequently convicted of a lesser included offense?

ANSTEAD and HURLEY, JJ., and MINER, CHARLES E., Jr., Associate Judge, concur.

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413 So. 2d 40, 1982 Fla. App. LEXIS 19215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gangloff-v-state-fladistctapp-1982.

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