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LAVATT v. STATE

No. 46244.

316 So.2d 261 (1975)

Jack LAVATT a/K/a Jack Levatt, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 25, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Robert T. Benton, II, and Harold H. Moore, Asst. Public Defenders, for petitioner.

Robert L. Shevin, Atty. Gen., and Mary Jo M. Gallay, Asst. Atty. Gen., for respondent.

OVERTON, Justice.

This cause is here on petition for certiorari, supported by certificate of the Second District Court of Appeal 300 So.2d 300 that its decision is one which involves a question of great public interest, specifically whether Rule 3.390, FRCrP, mandatorily requires a trial judge to include, when requested, in the instructions to the jury the penalty fixed by law for the offense for which the accused is charged.

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