Heggs v. State

COWART, Judge.

At trial the evidence of appellant’s guilt was conclusive. However, the trial court did not give the jury an instruction on penalties (Fla.R.Crim.P. 3.390(a); Tascano v. State, 393 So.2d 540 (Fla.1980) (rehearing denied Feb. 27, 1981) after a request and the point was preserved by a 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 *370the…