Higdon v. State

490 So.2d 1252 (1986)

John Martin HIGDON, Petitioner,

v.

STATE of Florida, Respondent.

No. 66753.

Supreme Court of Florida.

May 15, 1986.

Rehearing Denied August 1, 1986.

Craig Stephen Boda, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen. and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for respondent.

EHRLICH, Justice.

This case is before us to answer a question certified by the district court to be of great public importance, to wit:

IS THE SCHEDULE OF LESSER INCLUDED OFFENSES PROMULGATED BY THE FLORIDA SUPREME COURT IN 1981 IN ERROR IN CLASSIFYING VEHICULAR HOMICIDE (§ 782.071) AS A…