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BELL v. STATE

No. 79-1346.

396 So.2d 270 (1981)

Walter Lee BELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 7, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

The defendant did not properly preserve his contention that the trial judge incorrectly failed to give a requested charge on penalties under Tascano v. State, 393 So.2d 540 (Fla. 1980) because he did not, as required by Fla.R.Crim.P. 3.390(d), either make any objection to the refusal "before the jury retire[d]" or state "distinctly ... the grounds of his objection" when it was belatedly made after the jury had...

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