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HEGGS v. STATE

No. 79-130.

397 So.2d 369 (1981)

Larry Lee HEGGS, a/K/a Larry Wicks, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 15, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Tatjana Ostapoff, Asst. Public Defender, and Rendell Brown of Brown & Green, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

At trial the evidence of appellant's guilt was conclusive. However, the trial court did not give the jury an instruction on penalties (Fla.R.Crim.P. 3.390(a); Tascano v. State, 393 So.2d 540 (Fla. 1980) (rehearing denied Feb. 27, 1981) after a request and the point was preserved by a proper and timely objection (Bassett v. State, 392 So.2d 1025 (Fla. 5th DCA 1981)...

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