Florida District Courts of Appeal, 1987

Freund v. State

Freund v. State
Florida District Courts of Appeal · Decided March 18, 1987 · Downey, Gunther, Hersey
506 So. 2d 437; 1987 Fla. App. LEXIS 7274 (Southern Reporter, Second Series)

Freund v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.

ORDER

ORDERED that appellant’s petition for rehearing is denied.

FURTHER ORDERED that the following question is certified to the Supreme Court of Florida as one of great public importance:

WHETHER THE FLORIDA SUPREME COURT’S HOLDING IN YOHN V. STATE, 476 S0.2D 123 (FLA. 1985), IS VIOLATED WHEN, PRIOR TO ISSUANCE OF THE YOHN OPINION, A TRIAL COURT INSTRUCTS THE JURY WITH THE OLD STANDARD INSTRUCTION ON INSANITY AND ADDS WITHIN THE CHARGE THE SENTENCE, “THE STATE MUST PROVE BEYOND A REASONABLE DOUBT THAT THE DEFENDANT WAS SANE."

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