Supreme Court of Florida, 2009

State v. Riley

Supreme Court of Florida · Decided December 10, 2009 · Pariente, Lewis, Canady, Polston, Labarga, Perry

26 So. 3d 1288; 34 Fla. L. Weekly Supp. 661; 2009 Fla. LEXIS 2062; 2009 WL 4670714 (Southern Reporter, Third Series)

Cases that cite this one

3 later published cases cite this decision.

Clark v. State (Fla. Dist. Ct. App. 2010)
Jamie Grant v. State of Florida (Fla. Dist. Ct. App. 2016)
TOWBRIDGE v. State (Fla. Dist. Ct. App. 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.