Public-domain · open source
OpenJurist

407 So. 2d 311

Moore v. State

District Court of Appeal of Florida

Decided December 15, 1981

District Court of Appeal of Florida · decided 1981-12-15

Relies on 406 So. 2d 1128 - Austin v. State

Decided 1981-12-15

PER CURIAM.

¶1Edward Dean Moore appeals from his conviction of aggravated assault assigning as error the refusal of the trial court to instruct the jury on penalties.

¶2The record discloses a bare request that the penalties instruction be given. There was no objection to the trial court’s refusal to give the instruction and no statement of the grounds of objection.

¶3Appellant having failed to preserve the error, we affirm. See Austin v. State, 406 So.2d 1128, (Fla.4th DCA 1981).

¶4AFFIRMED.

LETTS, C. J., and MOORE and HERSEY, JJ., concur.
/407/so2d/311 · .json · Public domain