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MEEKS v. STATE

No. 79-1374/T4-614.

400 So.2d 465 (1981)

Edward Earl MEEKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Rehearing April 8, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Catheleen Brady, Asst. Public Defender, West Palm Beach, for appellant.

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

PER CURIAM.

We must reverse this case on the authority of Tascano v. State, 393 So.2d 540 (Fla. 1980) (rehearing pending), and remand it for a new trial because those persons "who have preserved this point on appeal, receive the benefit on this interpretation of the rule." Tascano. The interpretation referred to in Tascano is one which says if an accused at trial requests a jury instruction in regard to the...

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