Boykin v. State, 305 So. 2d 831

PER CURIAM.

Appellant seeks reversal of his conviction and sentence after being found guilty by a jury on charges of robbery.

We have given full consideration to the record, briefs and oral argument of the parties. It appearing therefrom that appellant has failed to demonstrate that prejudicial error was committed in the proceedings below, the judgment and sentence appealed herein is affirmed. Specifically, with reference to appellant‘s allegation that the trial court erred in refusing to instruct the jury on applicable penalties, we rely upon the recent Florida Supreme Court case of Johnson v. State, 308 So.2d 38, Opinion filed December 11, 1974, which held that the provisions of Criminal Procedure Rule 3.390(a), requiring the trial judge to charge the jury on the penalty fixed by law for the offense for which the accused is then on trial, is directory and not mandatory.

Affirmed.

JOHNSON, Acting C.J., McCORD, J., and MASON, ERNEST E., Associate Judge, concur.

Case Details

Case Name: Boykin v. State

Court Name: District Court of Appeal of Florida

Date Published: Jan 9, 1975

Citations: 305 So. 2d 831; V-106

Docket Number: V-106

Court Abbreviation: Fla. Dist. Ct. App.