STATE OF FLORIDA, PETITIONER,
v.
EDDIE RILEY, RESPONDENT
STATE OF FLORIDA, PETITIONER,
EDDIE RILEY, RESPONDENT
26 So. 3d 1288
Florida Supreme Court (2009)
Caution
Cited by 9 cases
Topics
Discretionary Jurisdiction
Certified Question Of Great Public Importance
Lesser Included Offense
Harmless Error
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Opinion of the Court
This Court initially accepted jurisdiction to review Riley v. State, 25 So.3d 1 (Fla. 1st DCA 2008), a decision in which the First District Court of Appeal certified the following question to be of great public importance:
BASED ON THE REASONING OF GALINDEZ V. STATE, 955 So.2d 517 (Fla.2007), MAY A COURT FIND THAT THE FAILURE TO INSTRUCT THE JURY ON THE NEXT LESSER INCLUDED OFFENSE CONSTITUTES HARMLESS ERROR?
Id. at 4. After further consideration, this Court concludes that it should decline to exercise its discretionary jurisdiction. Accordingly, this review proceeding is dismissed.
It is so ordered.
*1289QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clark v. State, 43 So. 3d 814 (Fla. 1st DCA 2010)…ers [v. State], 847 So. 2d [504,] 507 [(Fla. 1st DCA 2003)] (quoting Hill [v. State], 788 So. 2d [315,] 319 [(Fla. 1st DCA 2001)]). Sanders v. State, 946 So. 2d 953, 959 (Fla.2006). See Riley v. State, 25 So. 3d 1, 4 (Fla. 1st DCA 2008), rev. dis., 26 So. 3d 1288 (Fla.2009), (Wolf, J., concurring) (“Although regularly criticized, the concept of a ‘jury pardon’ seems to remain firmly entrenched in Florida law, at least insofar as it relates to determining whether an error is per se reversible on direct appeal…1 / 2
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Towbridge v. State, 45 So. 3d 484 (Fla. 1st DCA 2010)…quent claim of ineffective assistance of appellate counsel, nor does the fact that the court could have identified the error in the course of its independent Anders review. See Riley v. State, 25 So. 3d 1, 2 n. 1 (Fla. 1st DCA 2008), rev. dismissed, 26 So. 3d 1288 (Fla.2009); but cf. Morrison v. State, 764 So. 2d 649 (Fla. 1st DCA 2000) (holding that a defendant cannot establish prejudice resulting from appellate counsel’s failure to raise an issue where the issue was considered by the court because it was ra…
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Grant v. State, 189 So. 3d 878 (Fla. 4th DCA 2016)…ncluded offense constituted a per se reversible error. No review of the record or harmless error analysis is required; therefore, a second appeal on this issue would be unnecessary. In Riley v. State, 25 So. 3d 1 (Fla. 1st DCA 2008), rev. dismissed, 26 So. 3d 1288 (Fla.2009), the court reversed for a new trial when it granted a petition for IAAC on the grounds that appellate counsel had failed to argue a per se reversible error of failing to instruct on a lesser-included offense. We follow the same course, as…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Riley v. State, 25 So. 3d 1 (Fla. 1st DCA 2008)