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SYKES v. STATE

No. UU-123.

397 So.2d 991 (1981)

George Washington SYKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 26, 1981.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

SMITH, Judge.

Appellant's first point, the trial court's failure to give jury instructions on penalties, requires reversal. Tascano v. State, 393 So.2d 540 (Fla. 1980). Ordinarily, this point would require remand for a new trial; however, the second point raised by appellant requires his discharge. Appellant was tried for the offense of grand theft. The trial judge gave a jury instruction on "attempt" to commit the offense...

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