BATRAVILLE VINCENT DELVA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BATRAVILLE VINCENT DELVA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
571 So. 2d 1
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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 substance contained in the package in defendant’s car was cocaine, where the instructions were susceptible of the reading that knowing possession of the package containing the substance was sufficient to convict, and where the error is urged on direct appeal from the conviction, not on collateral attack.
Motion for rehearing denied; question certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)…the instructions were susceptible of the reading that knowing possession of the package containing the substance was sufficient to convict, and where the error is urged on direct appeal from the conviction, not on collateral attack. Delva v. State, 571 So. 2d 1 (Fla. 3d DCA 1990). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Prior to State v. Dominguez, 509 So. 2d 917 (Fla.1987), the standard jury instruction on trafficking in cocaine provided that the state must prove: 1. (Defendant) knowingly .…
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Batraville Vincent Delva v. State, 576 So. 2d 952 (Fla. 3d DCA 1991)…, the Supreme Court of Florida, by its opinion filed February 21, 1991, 575 So. 2d 643, and its mandate now lodged in this Court, quashed this Court’s opinion; NOW THEREFORE, this Court withdraws its mandate issued in this cause on March 20, 1990, 571 So. 2d 1, vacates its opinion filed in the cause on July 25, 1989 and adopts, as its own, the opinion of the Supreme Court of Florida and remands to the trial court for further proceedings in accordance with the opinion of the Supreme Court. Costs allowed sh…
Authorities Cited
- State v. Dominguez, 509 So. 2d 917 (Fla. 1987)