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