STATE OF FLORIDA, APPELLANT,
v.
REUBEN REBOLLAR, APPELLEE

Fla. 2d DCA | 1995-06-07
No. 93-01889
FRANK, C.J., and RYDER and THREADGILL, JJ., concur.
656 So. 2d 947 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See State v. Lewis, 656 So. 2d 1248 (Fla.1994); Davis v. State, 624 So. 2d 282 (Fla. 3d DCA 1993).

FRANK, C.J., and RYDER and THREADGILL, JJ., concur.


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    …form in 1984. See Florida Bar re Amendment to the Rules—Criminal Procedure, 462 So. 2d 386, 388 (Fla.1984). One reason for the rule change was to “minimize the potential for jury sympathy based on the defendant’s possible sentence.” Limose v. State, 656 So. 2d 947, 949 (Fla. 5th DCA 1995). A second reason for the amendment was to harness the jury’s exercise of its pardon power. The policy behind allowing a jury to convict of lesser included offenses is to permit the jury to exercise its “pardon” power by acq…
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    …er does not command the trial court to instruct the jury on minimum mandatory sentences. Rather, Weller only requires the trial court to instruct the jury to make a specific determination of the amount of contraband involved. Accord Limose v. State, 656 So. 2d 947 (Fla. 5th DCA 1995) (finding that Weller only required a court to give the lesser included instructions which would advise the jury of the importance of determining the specific amount of cocaine involved in the setting of the minimum penalty; howev…

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