Freund v. State

Full title: JOHN S. FREUND, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 4, 1987

506 So. 2d 437 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-0068.

March 18, 1987. Rehearing Denied and Question Certified May 4, 1987.

Appeal from the Circuit Court for Palm Beach County; Marvin U. Mounts, Jr., Judge.

Douglas N. Duncan of Foley, Colton Duncan, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.

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 So.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."