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26 So. 3d 1288

26 So.3d 1288

34 Fla.L.WeeklySupp. 661

State v. Riley

Supreme Court of Florida

Decided December 10, 2009

Supreme Court of Florida · decided 2009-12-10

Cited by 3 later decisions — most recently February 2016

3 state decisions

Relies on 955 So. 2d 517 - Galindez v. State · Riley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2009-12-10

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PER CURIAM.

¶1This 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?

¶2Id. at 4. After further consideration, this Court concludes that it should decline to exercise its discretionary jurisdiction. Accordingly, this review proceeding is dismissed.

¶3It is so ordered.

*1289QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.
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