Hicks v. State

424 So. 2d 758, 1982 Fla. LEXIS 2628
CourtSupreme Court of Florida
DecidedDecember 22, 1982
DocketNo. 62079
StatusPublished

This text of 424 So. 2d 758 (Hicks v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hicks v. State, 424 So. 2d 758, 1982 Fla. LEXIS 2628 (Fla. 1982).

Opinion

PER CURIAM.

Pursuant to article V, section 3(b)(4), Florida Constitution, the Fourth District Court of Appeal, in Hicks v. State, 411 So.2d 1040 (Fla. 4th DCA 1982), certified the following question as having great public importance:

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?

We answer the question in the affirmative, on the basis of Lewis v. State, 419 So.2d 337 (Fla.1982), and approve the decision of the district court.

It is so ordered.

ADKINS, Acting C.J., and BOYD, OVERTON, McDonald and EHRLICH, JJ., concur.

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Related

Lewis v. State
419 So. 2d 337 (Supreme Court of Florida, 1982)
Hicks v. State
411 So. 2d 1040 (District Court of Appeal of Florida, 1982)

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Bluebook (online)
424 So. 2d 758, 1982 Fla. LEXIS 2628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-state-fla-1982.