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SAPP v. STATE

No. 80-16.

411 So.2d 363 (1982)

Samuel SAPP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 1982.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

ON REHEARING

PER CURIAM.

Before the trial court, appellant took the position that the giving of instructions to the jury on the maximum and minimum penalties for the offense charged was discretionary. Counsel argued:

I am aware of the case where the Supreme Court indicated the rule in criminal procedure which indicates that the Court shall read this particular instruction. The Florida Supreme...

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