Johnson v. State

297 So.2d 35 (1974)

Aaron JOHNSON, a/k/a Aaron Ferguson, Appellant,

v.

STATE of Florida, Appellee.

No. 73-878.

District Court of Appeal of Florida, Second District.

June 26, 1974.

James A. Gardner, Public Defender, and Robert B. Persons, Jr., Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Judge.

Appellant was tried for and convicted of second degree murder. His only point on appeal is that despite his request the judge did not instruct the jury on the penalty for the crime with which he…