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MOORE v. STATE

No. 80-568.

407 So.2d 311 (1981)

Edward Dean MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 15, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ondina Felipe, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Edward Dean Moore appeals from his conviction of aggravated assault assigning as error the refusal of the trial court to instruct the jury on penalties.

The record discloses a bare request that the penalties instruction be given. There was no objection to the trial court's refusal to give the instruction and no statement of the grounds of objection.

Appellant having failed to preserve the error, we affirm. See Austin v. State,

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