Opinion · District Court of Appeal of Florida

Freund v. State

506 So. 2d 437

Type
Opinion
Court
District Court of Appeal of Florida
Jurisdiction
Florida
Date
1987-03-18
Topic
general

PER CURIAM. AFFIRMED. HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur. ORDER ORDERED that appellant’s petition for rehearing is denied. FURTHER ORDERED that the following question is certified to the Supreme Court of Florida as one of great public importance: WHETHER THE FLORIDA SUPREME COURT’S HOLDING IN YOHN V.

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Authority status
pending
Cited by
5 opinions
PER CURIAM.

AFFIRMED.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.

ORDER

ORDERED that appellant’s petition for rehearing is denied.

FURTHER ORDERED that the following question is certified to the Supreme Court of Florida as one of great public importance:

WHETHER THE FLORIDA SUPREME COURT’S HOLDING IN YOHN V. STATE, 476 S0.2D 123 (FLA.1985), IS VIOLATED WHEN, PRIOR TO ISSUANCE OF THE YOHN OPINION, A TRIAL COURT INSTRUCTS THE JURY WITH THE OLD STANDARD INSTRUCTION ON INSANITY AND ADDS WITHIN THE CHARGE THE SENTENCE, “THE STATE MUST PROVE BEYOND A REASONABLE DOUBT THAT THE DEFENDANT WAS SANE."