LEWIS v. STATE

No. 61269.

419 So.2d 337 (1982)

Richard John LEWIS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 2, 1982.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen. and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for respondent.


OVERTON, Justice.

Pursuant to article V, section 3(b)(4), Florida Constitution, the Fourth District Court of Appeal has certified the following question to be one of great public importance:

May an appellate court find that the failure of the trial court to instruct the jury pursuant to the provisions of Rule 3.390(a) of the Florida Rules of Criminal Procedure constitutes harmless error?

Under the instant...

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