# Bruns v. State

> District Court of Appeal of Florida · August 26, 1981 · 408 So. 2d 228

URL: https://www.frixlaw.com/law-library/cases/7515094

## Case

- **Full name:** Gary P. BRUNS v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** August 26, 1981
- **Citations:** 408 So. 2d 228; 1981 Fla. App. LEXIS 20906
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Beranek, Downey, Glick, Stein
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7515094

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7515094. Public record. Not legal advice.