COBB, Judge.
At the trial of this cause in April, 1978, the defendant's request that the jury be instructed as to the applicable penalty was denied by the trial court. The defendant's conviction of aggravated battery is appealed on the basis of that denial.
Previous to amendment of Rule 3.390(a), Florida Rules of Criminal Procedure, in 1977, the rule and its predecessor statute (Section 918.10, Fla. Stat.), had been interpreted by the courts as directory rather...
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