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DeCASTRO v. STATE

No. 81-1943.

406 So.2d 495 (1981)

Bernard F. DeCASTRO, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1981.

Attorney(s) appearing for the Case

Bernard F. DeCastro, in pro. per.

Jim Smith, Atty. Gen., for respondent.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

The petition for writ of habeas corpus is denied. DeCastro claims that his appellate counsel's failure to raise on appeal, see DeCastro v. State, 359 So.2d 551 (Fla. 3d DCA 1978), the trial court's refusal to instruct the jury on the penalties for the offenses being tried, denied him effective assistance of counsel. This claim must fail because at the time of DeCastro...

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