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NELMS v. STATE

No. 80-371.

397 So.2d 372 (1981)

Tyree Leroy NELMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 15, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

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

COWART, Judge.

This is another case where the trial court, relying on case law overruled in Tascano v. State, 393 So.2d 540 (Fla. 1980) (rehearing denied Feb. 27, 1981), did not give a requested instruction on penalties (Fla.R. Crim.P. 3.390(a)) and the point was preserved by proper and timely objection. Bassett v. State, 392 So.2d 1025 (Fla. 5th DCA 1981); Kelly v. State,

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