Opinion
No. 80-2209.
March 17, 1982. Rehearing Denied April 14, 1982.
Appeal from Circuit Court, Broward County; Lawrence L. Korda, Judge.
Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED. We hold that the trial court did not err in refusing to instruct the jury on the penalties for lesser included offenses. Renaud v. State, 408 So.2d 1059 (Fla. 4th DCA 1981). However, this cause is remanded to the trial court with instructions to strike the assessment of costs, Cox v. State, 334 So.2d 568 (Fla. 1976).
ANSTEAD, BERANEK and GLICKSTEIN, JJ., concur.