RAYMOND EDWARD BARNES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2003-07-11
No. SC02-1413
ANSTEAD, C.J., PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
852 So. 2d 231 Florida Supreme Court (2003) Positive Treatment
Cited by 2 cases

Opinion of the Court
WELLS, J.

WELLS, J.

We have for review Barnes v. State, 815 So. 2d 745 (Fla. 1st DCA 2002), a per curiam decision affirming the lower court’s decision and citing State v. Medlin, 273 So. 2d 394 (Fla.1973), and Reed v. State, 783 So. 2d 1192 (Fla. 1st DCA 2001). We accepted jurisdiction based on this Court’s review of Reed, see art. V, § 3(b)(3), Fla. Const, and hereby remand for further proceedings in light of this Court’s decision in Reed v. State, 837 So. 2d 366 (Fla.2002).

It is so ordered.

ANSTEAD, C.J., PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.


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  • Garcia v. State, 901 So. 2d 788 (Fla. 2005)
    …2d 59 (Fla.2002). However, this Court has not expressly spoken on the issue of whether such error is fundamental when the defendant fails to request such an instruction at trial. Yet that issue did come before this Court recently in Barnes v. State, 852 So. 2d 231 (Fla.2003), in which we accepted jurisdiction on the basis of our review of Reed v. State, 783 So. 2d 1192 (Fla. 1st DCA 2001), and subsequently remanded Barnes’ case to the district court in light of our decision in Reed v. State, 837 So. 2d 366 (F…

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