Thomas v. State

Full title: JEROME A. THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 19, 1980

380 So. 2d 466 (Fla. Dist. Ct. App. 1980)

Opinion

No. 77-2428.

January 30, 1980. Rehearing Denied March 19, 1980.

Appeal from Circuit Court, Broward County; Miette K. Burnstein, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

BERANEK, HERSEY and GLICKSTEIN, JJ., concur.

PER CURIAM.

ON PETITION FOR REHEARING

PER CURIAM.

Petition for rehearing is denied.

HERSEY and GLICKSTEIN, JJ., concur.

BERANEK, J., concurs specially, with 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.