No. 68,314 | Fla. | Aug 21, 1986
This is a petition to review Mosley v. State, 482 So. 2d 530" court="Fla. Dist. Ct. App." date_filed="1986-01-31" href="https://app.midpage.ai/document/mosley-v-state-1941599?utm_source=webapp" opinion_id="1941599">482 So.2d 530 (Fla. 1st DCA 1986), in which the district court affirmed Mosley’s sentence and certified the following question as being of great public importance:
Harris v. State, 438 So. 2d 787" court="Fla." date_filed="1983-09-08" href="https://app.midpage.ai/document/harris-v-state-1840457?utm_source=webapp" opinion_id="1840457">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?
482 So.2d at 533. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In Jones v. State, 484 So. 2d 577" court="Fla." date_filed="1986-02-13" href="https://app.midpage.ai/document/jones-v-state-1748424?utm_source=webapp" opinion_id="1748424">484 So.2d 577 (Fla.1986), we answered the certified question in the negative. Accordingly, we approve the decision of the district court in this cause.
It is so ordered.