CARL ELBERT MOSLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Non-capital defendants do not have the same constitutional right as capital defendants to jury instructions on necessarily lesser included offenses.
The First District Court of Appeal affirmed a non-capital defendant's sentence and certified a question regarding jury instruction rights.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Capital Cases cases and more on FLexlaw
OVERTON, Justice.
This is a petition to review Mosley v. State, 482 So. 2d 530 (Fla. 1st DCA 1986), in which the district court affirmed Mosley’s sentence and certified the following question as being 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?
482 So. 2d at 533. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Jones v. State, 484 So. 2d 577 (Fla.1986), we answered the certified question in the negative. Accordingly, we approve the decision of the district court in this cause.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, EHRLICH, SHAW and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Harris v. State, 438 So. 2d 787 (Fla. 1983)
- Jones v. State, 484 So. 2d 577 (Fla. 1986)
- Mosley v. State, 482 So. 2d 530 (Fla. 1st DCA 1986)