PATRICIA GOLSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Williams v. State, 399 So. 2d 999 (Fla. 3d DCA 1981)
  …. 2d 111 (Fla. 5th DCA 1980). The predecessor rule had been construed as vesting discretion in the trial court, see State v. Terry, 336 So. 2d 65 (Fla. 1976), and cases collected in n. 1; Johnson v. State, 308 So. 2d 38 (Fla. 1975); Golson v. State, 353 So. 2d 195 (Fla. 3d DCA 1977). Williams’ clear right to the penalty instruction did not arise until after his trial was concluded, that is, when Tascano v. State, 393 So. 2d 540 (Fla. 1980), was handed down. .The rule reads: “(d) No party may assign as error…
• Tascano v. State, 363 So. 2d 405 (Fla. 1st DCA 1978)
  …75). Accord, State v. Terry, 336 So. 2d 65 (Fla.1976); Huckeba v. State, 322 So. 2d 30 (Fla.1975); Lavatt v. State, 316 So. 2d 261 (Fla.1975); Dorminey v. State, 314 So. 2d 134 (Fla.1975); Winston v. State, 308 So. 2d 40 (Fla.1975); Golson v. State, 353 So. 2d 195 (Fla. 3d D.C.A. 1977); MacMainor v. State, 328 So. 2d 264 (Fla. 1st D.C.A. 1976); Dowis v. State, 326 So. 2d 196 (Fla. 4th D.C.A. 1976); Kelsey v. State, 317 So. 2d 445 (Fla. 1st D.C.A. 1975); Howard v. State, 316 So. 2d 654 (Fla. 3d D.C.A. 1975); W…
• DeCASTRO v. State, 406 So. 2d 495 (Fla. 3d DCA 1981)
  …nalties. See State v. Terry, 336 So. 2d 65 (Fla.1976); Huckeba v. State, 322 So. 2d 29 (Fla.1975); Lavatt v. State, 316 So. 2d 261 (Fla.1975); Dorminey v. State, 314 So. 2d 134 (Fla.1975); Johnson v. State, 308 So. 2d 38 (Fla.1975); Golson v. State, 353 So. 2d 195 (Fla. 3d DCA 1977). Since the instruction was not required when DeCastro was tried, it is obvious that we would have found no error in the trial court’s refusal to give it and, accordingly, can find no ineffectiveness in DeCastro’s counsel not raisi…

Authorities Cited

• State v. Terry, 336 So. 2d 65 (Fla. 1976)
• Johnson v. State, 308 So. 2d 38 (Fla. 1974)