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DELVA v. STATE

No. 88-1430.

571 So.2d 1 (1990)

Batraville Vincent DELVA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 20, 1990.

Attorney(s) appearing for the Case

Rubin, Rubin & Fuqua, Miami and David A. Corden, Corvallis, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and COPE, JJ.

ON MOTIONS FOR REHEARING AND CERTIFICATION

PER CURIAM.

We deny the State's motion for rehearing.

We grant the State's request for certification of a question of great public importance:

In a case tried prior to the decision in State v. Dominguez, 509 So.2d 917 (Fla. 1987), is it fundamental error to fail to instruct the jury that in order to convict, the State must prove that defendant knew the...

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