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Zettle v. State

District Court of Appeal of Florida, Fourth District
Mar 10, 1982
409 So. 2d 1126 (Fla. Dist. Ct. App. 1982)

Opinion

No. 80-1145.

February 10, 1982. Rehearing Denied March 10, 1982.

Appeal from Circuit Court, Broward County; Eugene S. Garrett, Judge.

Norman O'Rourke, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.


We find no reversible error and affirm. As to the appellant's claim of error for failure of the trial court to instruct on penalties we affirm for the same reasons as those set out in our opinion issued today in the case of Miller v. State, 410 So.2d 557 Fla. 4th DCA, opinion filed 1982. For the same reasons discussed in Miller we certify the following question of great public importance to the Supreme Court:

May the harmless error rule be applied where the only penalty instruction requested is for the main offense charged and the defendant is subsequently convicted of a lesser included offense?

ANSTEAD and HURLEY, JJ., and MINER, CHARLES E., Jr., Associate Judge, concur.


Summaries of

Zettle v. State

District Court of Appeal of Florida, Fourth District
Mar 10, 1982
409 So. 2d 1126 (Fla. Dist. Ct. App. 1982)
Case details for

Zettle v. State

Case Details

Full title:BARRY ZETTLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 10, 1982

Citations

409 So. 2d 1126 (Fla. Dist. Ct. App. 1982)

Citing Cases

Zettle v. State

PER CURIAM. We decline to accept jurisdiction to review the decision of the Fourth District Court of Appeal…