Delva v. State, 88-1430
| Decision Date | 20 March 1990 |
| Docket Number | No. 88-1430,88-1430 |
| Citation | 571 So.2d 1 |
| Parties | Batraville Vincent DELVA, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Steven D. Robinson, Judge.
Rubin, Rubin & Fuqua, Miami and David A. Corden, Corvallis, for appellant.
Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.
Prior report: 557 So.2d 52.
Before NESBITT, BASKIN and COPE, JJ.
ON MOTIONS FOR REHEARING AND CERTIFICATION
We deny the State's motion for rehearing.
We grant the State's request for certification of a question of great public importance:
In a case tried prior to the decision in State v. Dominguez, 509 So.2d 917 (Fla.1987), is it fundamental error to fail to instruct the jury that in order to convict, the State must prove that defendant knew the substance contained in the package in defendant's car was cocaine, where the instructions were susceptible of the reading that knowing possession of the package containing the substance was sufficient to convict, and where the error is urged on direct appeal from the conviction, not on collateral attack.
Motion for rehearing denied; question certified.
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State v. Delva
...was sufficient to convict, and where the error is urged on direct appeal from the conviction, not on collateral attack. Delva v. State, 571 So.2d 1 (Fla. 3d DCA 1990). We have jurisdiction. Art. V, § 3(b)(4), Fla. Prior to State v. Dominguez, 509 So.2d 917 (Fla.1987), the standard jury inst......
- Teal v. State, s. 88-2667
- Delva v. State, 88-1430