State v. Riley

Supreme Court of Florida
State v. Riley, 26 So. 3d 1288 (Fla. 2009)
34 Fla. L. Weekly Supp. 661; 2009 Fla. LEXIS 2062; 2009 WL 4670714
Pariente, Lewis, Canady, Polston, Labarga, Perry

State v. Riley

Opinion of the Court

PER CURIAM.

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.

Reference

Full Case Name
STATE of Florida v. Eddie RILEY
Cited By
5 cases
Status
Published