State v. Riley

Supreme Court of Florida

State v. Riley

26 So. 3d 1288, 34 Fla. L. Weekly Supp. 661, 2009 Fla. LEXIS 2062, 2009 WL 4670714

CourtSupreme Court of Florida

DecidedDecember 10, 2009

DocketNo. SC08-2116

StatusPublished

Cited by5 cases

This text of 26 So. 3d 1288 (State v. Riley) 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.

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State v. Riley, 26 So. 3d 1288, 34 Fla. L. Weekly Supp. 661, 2009 Fla. LEXIS 2062, 2009 WL 4670714 (Fla. 2009).

Pincite

Opinion

PER CURIAM.

This Court initially accepted jurisdiction to review Riley v. State, 25 So.3d 1 (Fla. 1st DCA 2008), a decision in which the First District Court of Appeal certified the following question to be of great public importance:

BASED ON THE REASONING OF GALINDEZ V. STATE, 955 So.2d 517 (Fla.2007), MAY A COURT FIND THAT THE FAILURE TO INSTRUCT THE JURY ON THE NEXT LESSER INCLUDED OFFENSE CONSTITUTES HARMLESS ERROR?

Id. at 4. After further consideration, this Court concludes that it should decline to exercise its discretionary jurisdiction. Accordingly, this review proceeding is dismissed.

It is so ordered.

[1289]*1289QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.

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