OPHELIA REDDEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
OPHELIA REDDEN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
492 So. 2d 1326
Florida Supreme Court (1986)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
We grant the petition for review of Redden v. State, 479 So. 2d 236 (Pla. 4th DCA 1985), under article V, section 3(b)(4) of the Florida Constitution. The district court incorporated by reference and certified the following question also certified in Jones v. State, 459 So. 2d 475 (Fla. 5th DCA 1984), to be 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?
459 So. 2d at 476. We answered this question in the negative in Jones v. State, 484 So. 2d 577 (Fla.1986). We, accordingly, approve the decision of the district court on the authority of Jones.
It is so ordered.
McDonald, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARRETT, JJ., concur.
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Citator
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THE Florida BAR v. Nahoom, 523 So. 2d 1137 (Fla. 1988)…iplinary Rule 1-102(A)(6) for conduct which adversely reflects on his fitness to practice law. IV. Recommendation As To Disciplinary Measures To Be Applied: I recommend the Respondent be disbarred from the practice of law. The Florida Bar v. Marks, 492 So. 2d 1326 [1327] (Fla.1986); The Florida Bar v. Price, 478 So. 2d 812 (Fla.1985); and, The Florida Bar v. Beasley, 351 So. 2d 959 (Fla.1977) (Disbarment is the appropriate sanction for a serious drug offense, such as trafficking in marijuana.) Neither party…
Authorities Cited
- Harris v. State, 438 So. 2d 787 (Fla. 1983)
- Jones v. State, 484 So. 2d 577 (Fla. 1986)
- Ophelia Redden v. State, 479 So. 2d 236 (Fla. 4th DCA 1985)
- Jones v. State, 459 So. 2d 475 (Fla. 5th DCA 1984)