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SPURLOCK v. STATE

No. UU-389.

403 So.2d 435 (1981)

Edward SPURLOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing June 22, 1981.

On Motion to Affirm September 17, 1981.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Charles A. Stampelos, Asst. Atty. Gen., for appellee.

PER CURIAM.

REVERSED and remanded for new trial. Tascano v. State, 393 So.2d 540 (Fla. 1980).

McCORD, ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.

ON MOTION FOR REHEARING

PER CURIAM.

Our opinion reversing and remanding this cause for a new trial was predicated upon a motion of appellant to reverse, which alleged that appellant's request for a jury instruction on penalties had been properly...

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