MOSES JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MOSES JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
459 So. 2d 475
Florida District Court of Appeal, Fifth District (1984)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We affirm although we hereby certify to the Florida Supreme Court the following question of great public importance:
Harris v. State, 438 So. 2d 787 (Fla.1983), recognizes a constitutional right of an accused in a capital case to have the jury instructed as to necessarily lesser included offenses and that the violation of that right constitutes fundamental error, a waiver of which, to be effective, must be made on the record knowingly and intelligently by the accused personally rather than by counsel. Do those charged with non-capital crimes enjoy this constitutional right as well as those charged with capital crimes?
AFFIRMED.
ORFINGER, FRANK'D. UPCHURCH, Jr., and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Jones v. State, 484 So. 2d 577 (Fla. 1986)…ADKINS, Justice. We have for review Jones v. State, 459 So. 2d 475 (Fla. 5th DCA 1984), in which the district court of appeal affirmed Jones’ conviction of aggravated battery and certified to this Court the following question as one of great public importance: Harris v. State, 438 So. 2d 787 (Fla.1983), recognizes…
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Ophelia Redden v. State, 479 So. 2d 236 (Fla. 4th DCA 1985)…983) the Supreme Court, in a capital case, held that the defendant, in addition to his counsel, must participate in the waiver. However, we agree with the Fifth District that such participation should be limited to capital cases. See Jones v. State, 459 So. 2d 475 (Fla. 5th DCA 1984). The Jones case supra, has been certified to the Supreme Court. Consequently, incorporating the question in Jones by reference, we also certify it by way of this decision. AFFIRMED. ANSTEAD, J., and BOARDMAN, EDWARD F., Assoc…
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Mosley v. State, 482 So. 2d 530 (Fla. 1st DCA 1986)…construe the Court’s opinion as intending to confer the special protections surrounding the waiver of lesser offenses to defendants in capital cases only. Such construction of the Harris case has been embraced by our sister courts in Jones v. State, 459 So. 2d 475 (Fla. 5th DCA 1984) and Redden v. State, 479 So. 2d 236 (Fla. 4th DCA 1985). It is only because the Supreme Court of Florida has adopted the phenomenon of the [*532] “jury pardon” as part of the jurisprudence of our State1 that a defendant can be h…
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- Harris v. State, 438 So. 2d 787 (Fla. 1983)