Thompson v. State, 405 So. 2d 990 (Fla. Dist. Ct. App. 1981).
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Thompson v. State, 405 So. 2d 990 (Fla. Dist. Ct. App. 1981). Book View Copy Cite
Robert Lee THOMPSON
v.
STATE of Florida
No. UU-113.
District Court of Appeal of Florida.
Mar 27, 1981.
405 So. 2d 990
Michael J. Minerva and Michael Allen, Public Defenders, and Thomas Presnell, Jr. and P. Douglas Brinkmeyer, Asst. Public Defenders, for appellant., Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.
Booth, Ervin, Joanos.
Cited by 2 opinions  |  Published

Lead Opinion

PER CURIAM.

Judgment of conviction below is reversed and the cause remanded for a new trial pursuant to Tascano v. State, 363 So.2d 405, reversed, 393 So.2d 540 (Fla.1980), reh. denied, February 27, 1981.

ERVIN, BOOTH and JOANOS, JJ., concur.

Rehearing

ON PETITION FOR REHEARING

We adhere to our opinion of reversal and remand pursuant to Tascano v. State, 363 So.2d 405, reversed, 393 So.2d 540 (Fla., June 5, 1980), reh. denied, February 27, 1981; but, in accord with this court’s opinion in Studstill v. State, 397 So.2d 753 (Fla.1st DCA 1981), we certify to the Supreme Court the following question:

Can an appellate court apply the harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of a trial court to give the jury instruction required by Rule 3.390(a), Florida Rules of Criminal Procedure, if the appellant’s guilt is clearly established and the appellate court determines the error could not have affected the verdict?

ERVIN, BOOTH and JOANOS, JJ., concur.

Decision affirmed, Fla., 406 So.2d 1117.