Murray v. State

378 So.2d 111 (1980)

Willie MURRAY, Appellant,

v.

STATE of Florida, Appellee.

No. 78-1006/T4-104.

District Court of Appeal of Florida, Fifth District.

January 2, 1980.

Richard L. Jorandby, Public Defender, and Peter D. Blanc, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

COBB, Judge.

At the trial of this cause in April, 1978, the defendant's request that the jury be instructed as to the applicable penalty was denied by the trial court. The defendant's conviction of aggravated battery is…