Hicks v. State

Supreme Court of Florida

Decided December 22, 1982

Supreme Court of Florida · decided 1982-12-22

Relies on 419 So. 2d 337 - Lewis v. State · 411 So. 2d 1040 - Casal v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-12-22

How this case has been cited

Cited by 206 later decisions — most recently March 2017 · most notably 441 So. 2d 1083 - Livingston v. State (1983), Kehoe v. State (1988)

1 federal appellate · 202 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Pursuant to article V, section 3(b)(4), Florida Constitution, the Fourth District Court of Appeal, in Hicks v. State, 411 So.2d 1040 (Fla. 4th DCA 1982), certified the following question as having great public importance:

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?

¶2We answer the question in the affirmative, on the basis of Lewis v. State, 419 So.2d 337 (Fla.1982), and approve the decision of the district court.

¶3It is so ordered.

ADKINS, Acting C.J., and BOYD, OVERTON, McDonald and EHRLICH, JJ., concur.