JACK LAVATT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1974-09-20
No. 74-5
HOBSON, A. C. J., and McNULTY and GRIMES, JJ., concur.
300 So. 2d 300 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s tenth point on appeal is identical to the point raised on appeal in Johnson v. State, Fla.App.2d 1974, 297 So. 2d 35. In Johnson we certified the question to our Supreme Court as a matter of great public interest.

We will, therefore, handle this point in the same manner and hereby certify in the case sub judice the same question as was certified in Johnson, supra.

The other points on appeal have been carefully considered and found to be without merit.

Affirmed.

HOBSON, A. C. J., and McNULTY and GRIMES, JJ., concur.


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  • Lavatt v. State, 316 So. 2d 261 (Fla. 1975)
    …OVERTON, Justice. This cause is here on petition for certio-rari, supported by certificate of the Second District Court of Appeal 300 So. 2d 300 that its decision is one which involves a question of great public interest, specifically whether Rule 3.390, FRCrP, mandatorily requires a trial judge to include, when requested, in the instructions to the jury the penalty fixed by law for the offe…

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