Redden v. State

We grant the petition for review of Redden v. State, 479 So.2d 236 (Pla. 4th DCA 1985), under article V, section 3(b)(4) of the Florida Constitution. The district court incorporated by reference and certified the following question also certified in Jones v. State, 459 So.2d 475 (Fla. 5th DCA 1984), to be of great public importance:

Harris v. State, 438 So.2d 787 (Fla.1983), recognizes a constitutional right of an accused in a capital case to have the jury instructed as to necessarily lesser included offenses and that the violation of that right constitutes fundamental error, a waiver of…