JAMES RAYMOND GANGLOFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES RAYMOND GANGLOFF, APPELLANT,
STATE OF FLORIDA, APPELLEE
413 So. 2d 40
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find no reversible error and affirm. As to the appellant’s claim of error for failure of the trial court to instruct on penalties we affirm for the same reasons as those set out in our opinion issued today in the case of Miller v. State, 410 So. 2d 557 (Fla. 4th DCA 1982). For the same reasons discussed in Miller we certify the following question of great public importance to the Supreme Court:
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?
ANSTEAD and HURLEY, JJ., and MINER, CHARLES E., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gangloff v. State, 427 So. 2d 723 (Fla. 1983)…PER CURIAM. We decline to accept jurisdiction to review the decision of the Fourth District Court of Appeal in Gangloff v. State, 413 So. 2d 40 (Fla. 4th DCA 1982), because we have answered the certified question in Lewis v. State, 419 So. 2d 337 (Fla.1982). It is so ordered. ALDERMAN, C.J., and ADKINS, OVER-TON, MCDONALD and EHRLICH, JJ., concur.…
Authorities Cited
- Ira Bruce Miller v. State, 410 So. 2d 557 (Fla. 4th DCA 1982)