Mosley v. StateMosley v. State
- Reporters:
- , ,
- Before:
- Overton
This is a petition to review Mosley v. State,
Harris v. State,438 So.2d 787 (Fla.1983), recognizes a constitutional right of an accused in a capital case to have the jury*1072 instructed as to necessarily lesser included offenses and that the violation of that right constitutes fundamental error, a waiver of which, to be effective, must be made on the record knowingly and intelligently by the accused personally rather than by counsel. Do those charged with non-capital crimes enjoy this constitutional right as well as those charged with capital crimes?
In Jones v. State,
It is so ordered.