Legal Opinion
Ray v. State
Supreme Court of Florida
Decided July 30, 1981No. 57795PublishedCited by 253 opinions
1Opinion of the Court
McDONALD, Justice.
We have accepted jurisdiction to resolve conflict created by Ray v. State, 374 So.2d 1002 (Fla.2d DCA 1979), and Causey v. State, 307 So.2d 197 (Fla.2d DCA 1975). Art. V, § 3(b)(3), Fla. Const. (1972). The issue to be determined is whether a defendant convicted of a crime for which he was not charged, but which was submitted to the jury as a lesser included offense when in fact it was not, may challenge that conviction when he failed to object to the submission of that crime to the jury. We quash the instant decision.
Under section 794.011(5), Florida Statutes (1975),1 an…
2Cases cited39 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- De Jonge v. OregonSupreme Court of the United States · 1937
- Cole v. ArkansasSupreme Court of the United States · 1948
- Brown v. StateSupreme Court of Florida · 1968
- Castor v. StateSupreme Court of Florida · 1978
34 more not listed; retrieve them via the Exa API.
3Cited by253 opinions
- Maddox v. StateSupreme Court of Florida · 2000
- State v. JohnsonSupreme Court of Florida · 1993
- State v. SmithSupreme Court of Florida · 1990
- Martinez v. StateSupreme Court of Florida · 2008
- Sochor v. StateSupreme Court of Florida · 1993
248 more not listed; retrieve them via the Exa API.