Florida District Courts of Appeal, 1980

Thomas v. State

Florida District Courts of Appeal · Decided January 30, 1980 · Beranek, Glick, Hersey, Stein

380 So. 2d 466; 1980 Fla. App. LEXIS 16019 (Southern Reporter, Second Series)

070rehearing

ON PETITION FOR REHEARING

PER CURIAM.

Petition for rehearing is denied.

HERSEY and GLICKSTEIN, JJ., concúr.

BERANEK, J., concurs specially, with opinion.

Concurring Opinion

BERANEK, Judge,

specially concurring.

I concur in the denial of the motion for rehearing because I believe appellant did not present a timely request for a jury instruction on maximum and minimum penalties. I therefore believe the issue of the adequacy of the instructions given was not properly preserved for review.

Opinion of the Court

PER CURIAM.

AFFIRMED.

BERANEK, HERSEY and GLICK-STEIN, JJ., concur.

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