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KNIGHT v. STATE

Nos. 58873, 58964.

401 So.2d 1333 (1981)

Harold C. KNIGHT, Petitioner, v. STATE of Florida, Respondent. James Lee ALLEN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 30, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for petitioners.

Jim Smith, Atty. Gen., and Evelyn D. Golden and Phillip D. Havens, Asst. Attys. Gen., Daytona Beach, for respondent.

ADKINS, Justice.

We have for review a decision of the District Court of Appeal, Fifth District (Knight v. State, 379 So.2d 1017 (Fla. 5th DCA 1980)), which allegedly conflicts with other decisions which place a mandatory duty upon the trial court to instruct on the penalties when so requested by the defendant.

Petitioner Knight was charged with breaking and entering and grand theft. At trial, a specific request was...

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