GIBBS v. STATE

No. OO-211.

394 So.2d 231 (1981)

Ernest Eugene GIBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 27, 1981.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Harold W. Long, Jr., Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Doris Jenkins, Asst. Atty. Gen., for appellee.


LARRY G. SMITH, Judge.

Upon review of appellant Gibbs' conviction of lewd, lascivious or indecent assault or act upon or in the presence of a child, we reject appellant's contention that the trial court reversibly erred in allowing testimony from the victim that appellant had committed similar sex acts upon her in the past. However, we find the trial court erred in refusing to instruct the jury on the penalties for the crimes of which he was subject to conviction...

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