Nelms v. State

COWART, Judge.

This is another case where the trial court, relying on case law overruled in Tascano v. State, 393 So.2d 540 (Fla.1980) (rehearing denied Feb. 27, 1981), did not give a requested instruction on penalties (Fla.R.Crim.P. 3.390(a)) and the point was preserved by proper and timely objection. Bassett v. State, 392 So.2d 1025 (Fla. 5th DCA 1981); Kelly v. State, 389 So.2d 250 (Fla.2d DCA 1980). Appellant was convicted of the offense for which he was on trial. James v. State, 393 So.2d 1138 (Fla.3d DCA 1981). After an examination of all the appeal papers and the entire case, including…