¶1The sole point on appeal in this cause is the alleged error of the trial court in refusing to instruct the jury on the applicable penalties as required by Florida Rule of Criminal Procedure 3.390(a). This issue is resolved against the appellant, by the recent decision of the Supreme Court in Johnson v. State, Fla., 308 So.2d 38, Opinion filed December 11, 1974. There the Supreme Court held that the provision of this rule requiring the trial judge to charge the jury on the penalty fixed by law for the offense for which the accused is on trial is directory and not mandatory, and that the failure of the trial judge to charge on the penalty is not error. We, therefore, hold that the trial court in the cause sub judice did not commit error when it refused to instruct the jury on the applicable penalties as required by Florida Rule of Criminal Procedure 3.390(a), and that this cause should be, and it is, affirmed.
307 So. 2d 826
Ballard v. State
District Court of Appeal of Florida
Decided February 13, 1975
District Court of Appeal of Florida · decided 1975-02-13
Relies on 308 So. 2d 38 - Johnson v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1975-02-13
How this case has been cited
Cited by 13 later decisions — most recently January 2019
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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