Garcia v. State

McDONALD, Justice.

A district court of appeal has certified the following question as being of great public importance: “Whether one can be convicted, although not sentenced, of a lesser included offense after he has been convicted of the greater crime.” Garcia v. State, 444 So.2d 969, 970 (Fla. 5th DCA 1983). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We answer the question in the negative, but we hold that it is inapplicable to the instant case and quash the district court’s discussion of the law regarding lesser included offenses.

The state charged…