SETTLE v. STATE

No. 73-308.

288 So.2d 511 (1974)

Willie D. SETTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 12, 1974.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Bradenton, and Robert B. Persons, Jr., Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.


MANN, Chief Judge.

Appellant's counsel argues ingeniously but fallaciously that the trial judge erred in failing to charge the jury on the penalty fixed by law for offenses included within the offense charged. Rule 3.390(a), 33 F.S.A., provides that:

"The presiding judge shall charge the jury only upon the law of the case at the conclusion of argument of counsel, and must include in said charge the penalty fixed...

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