KEMPER v. STATE

No. 79-2490.

404 So.2d 1184 (1981)

Michael Dewayne KEMPER a/K/a Michael Dewayne Culala, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 1981.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jon May and Cherry Grant, Asst. Public Defenders, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.


OPINION ON REHEARING

PER CURIAM.

In our opinion of September 2, 1981, we reversed this case for a new trial on the authority of Tascano v. State, 393 So.2d 540 (Fla. 1980). Upon reconsideration we are of the view that the error of the trial court in refusing to instruct the jury as to the potential penalties for the primary offense charged was harmless. The appellant requested only an instruction on penalties for...

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