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GALLO v. STATE

No. 67254.

491 So.2d 541 (1986)

Vincent Francis GALLO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 17, 1986.

Attorney(s) appearing for the Case

John C. Rayson of Sherman and Rayson, Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen., and Robert S. Jaegers and Sarah B. Mayer, Asst. Attys. Gen., West Palm Beach, for respondent.

McDONALD, Chief Justice.

The Fourth District Court of Appeal has certified the following question as being one of great public importance:

IS THE STATE ENTITLED TO HAVE JURY INSTRUCTIONS GIVEN ON NECESSARILY INCLUDED LESSER OFFENSES IN A CASE WHERE THE DEFENDANT REQUESTS THAT NO SUCH INSTRUCTIONS BE GIVEN AND KNOWINGLY AND INTELLIGENTLY WAIVES HIS RIGHT TO SUCH INSTRUCTION?

Gallo v. State, 472 So.2d 491...

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