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PALMER v. STATE

No. 80-1031.

401 So.2d 1177 (1981)

Steven PALMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 19, 1981.

Attorney(s) appearing for the Case

Alan Jay Braverman, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Trela J. White, Asst. Atty. Gen., West Palm Beach, for appellee.

ON REHEARING

PER CURIAM.

In an opinion filed on June 24, 1981, we held that because of the amount of evidence supporting appellant's conviction, any error committed by the trial court in failing to instruct the jury on penalties was harmless. Subsequently, the Florida Supreme Court has ruled that the harmless error rule cannot be applied in such a manner to the error involved herein. See Murray v. State, 403 So.2d 417<...

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