Ashwood v. State

ON PETITION FOR REHEARING AND STAY OF MANDATE

We adhere to our opinion of reversal and remand pursuant to Tascano v. State, 363 *992So.2d 405, reversed, 393 So.2d 540 (Fla. 1980), reh. denied, February 27, 1981; but, in accord with this court’s opinions in Studstill v. State, 397 So.2d 753 (Fla.1st DCA 1981), and Thompson v. State, 405 So.2d 990 (Fla.1st DCA 1981), we certify to the Supreme Court the following question:

Can an appellate court apply the harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of a trial court to give the jury instruction…