Opinion

Bruns v. State

  • 408 So. 2d 228
  • 1981 Fla. App. LEXIS 20906
Court
District Court of Appeal of Florida
Filed
Aug 26, 1981
Status
Published
On the bench
Beranek, Downey, Glick, Stein
Cited by
2 cases
Authority
More cited than 25.9%

The opinion

ON REHEARING

PER CURIAM.

We adhere to our original opinion but certify the following question to the Supreme Court of Florida pursuant to Fla.R. App.P. 9.030(a)(2)(A)(v) as being of great public importance:

If a defendant is convicted by overwhelming evidence of a greater offense, and the jury is instructed on an attempt to commit that offense, is the failure to instruct on the next lesser included offense, which carries a penalty less than the attempt, harmless error under State v. Abreau, 363 So.2d 1063 (Fla.1987)?

In addition, we hold that appellant’s first point; namely, the trial court’s failure to give jury instructions on penalties, is further ground for reversal. Tascano v. State, 393 So.2d 540 (Fla.1980); Murray v. State, 403 So.2d 417 (Fla.1981).

DOWNEY and GLICKSTEIN, JJ., concur.

BERANEK, J., concurs in conclusion only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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