Hicks v. State

OPINION ON REHEARING

Our opinion of December 23, 1981, is hereby withdrawn. In our earlier opinion we reversed appellant’s convictions for attempted second degree murder, burglary and possession of burglary tools because of the failure of the trial court to give instructions on penalties for the crimes charged pursuant to Tascano v. State, 393 So.2d 540 (Fla.1980). Appellant was charged with and requested penalty instructions on attempted first degree murder, burglary and possession of burglary tools. We now reverse the convictions for burglary and possession of burglary tools and remand for a…