GEORGE ELLIS BALLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The sole point on appeal in this cause is the alleged error of the trial court in refusing to instruct the jury on the applicable penalties as required by Florida Rule of Criminal Procedure 3.390(a). This issue is resolved against the appellant, by the recent decision of the Supreme Court in Johnson v. State, Fla., 308 So. 2d 38, Opinion filed December 11, 1974. There the Supreme Court held that the provision of this rule requiring the trial judge to charge the jury on the penalty fixed by law for the offense for which the accused is on trial is directory and not mandatory, and that the failure of the trial judge to charge on the penalty is not error. We, therefore, hold that the trial court in the cause sub judice did not commit error when it refused to instruct the jury on the applicable penalties as required by Florida Rule of Criminal Procedure 3.390(a), and that this cause should be, and it is, affirmed.
JOHNSON, Acting C. J., McCORD, J., and MASON, Associate Judge, concur.
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Castor v. State, 365 So. 2d 701 (Fla. 1978)…ntually. To meet the objectives of any contemporaneous objection rule, an objection must be sufficiently specific both to apprise the trial judge of the putative error and to preserve the issue for intelligent review on appeal. See Rivers v. State, 307 So. 2d 826 (Fla. 1st DCA), cert, denied, 316 So. 2d 285 (Fla.1975); York v. State, 232 So. 2d 767 (Fla. 4th DCA 1969). These considerations compel us to conclude that in re-instruction cases like the present one, objections must be explicit. They must direct…
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State v. Terry, 336 So. 2d 65 (Fla. 1976)…e, 316 So. 2d 261 (Fla.1975). Also by the District Courts of Appeal in Boykin v. State, 305 So. 2d 831 (Fla.App. 1st 1975); Howard v. State, 306 So. 2d 153 (Fla.App. 1st 1975); McIntyre v. State, 306 So. 2d 160 (Fla.App. 4th 1975); Ballard v. State, 307 So. 2d 826 (Fla.App. 1st 1975); Cooper v. Wainwright, 308 So. 2d 182 (Fla.App. 4th 1975); Gomez v. State, 309 So. 2d 56 (Fla.App. 2d 1975); Pullman v. State, 311 So. 2d 753 (Fla.App. 3rd 1975); Sweet v. State, 313 So. 2d 130 (Fla.App. 2nd 1975); Beamon v. Stat…
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- Johnson v. State, 308 So. 2d 38 (Fla. 1974)