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McGOUGH v. STATE

No. 80-561.

407 So.2d 622 (1981)

Linda L. McGOUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 14, 1981.

Attorney(s) appearing for the Case

Edward R. Kirkland, P.A., Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Chief Judge.

This is an appeal from a conviction of murder in the second degree.

The appellant was charged with murder in the first degree and went to trial on that charge. At trial she requested an instruction be given the jury relating to the penalty she could receive if convicted. The trial judge refused to give the penalty instruction. Tascano v. State, 393 So.2d 540 (Fla. 1980), rehearing denied,...

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