Kemper v. State

OPINION ON REHEARING

In our opinion of September 2, 1981, we reversed this case for a new trial on the authority of Tascano v. State, 393 So.2d 540 (Fla.1980). Upon reconsideration we are of the view that the error of the trial court in refusing to instruct the jury as to the potential penalties for the primary offense charged was harmless. The appellant requested only an instruction on penalties for the main offense charged. He was convicted of a lesser offense. Under the circumstances we believe the error was harmless. Lewis v. State, 399 So.2d 473 (Fla. 4th DCA 1981). As in Lewis, we…