Bell v. State, 79-1346

• Decision Date: 07 April 1981
• Docket Number: No. 79-1346,79-1346
• Citation: 396 So.2d 270
• Parties: Walter Lee BELL, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 270

396 So.2d 270

Walter Lee BELL, Appellant, v. The STATE of Florida, Appellee.

No. 79-1346.

District Court of Appeal of Florida, Third District.

April 7, 1981.

Appeal from Circuit Court Dade County; Frederick N. Barad, Judge.

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

The defendant did not properly preserve his contention that the trial judge incorrectly failed to give a requested charge on penalties under Tascano v. State, 393 So.2d 540 (Fla.1980) because he did not, as required by Fla.R.Crim.P. 3.390(d), either make any objection to the refusal "before the jury retire(d)" or state "distinctly ... the grounds of his objection" when it was belatedly made after the jury had already gone out. Bailey v. State, 393 So.2d 24 (Fla.3d DCA 1981); Kelly v. State, 389 So.2d 250 (Fla.2d DCA 1980); Wilson v. State, 383 So.2d 670 (Fla. 5th DCA 1980).

The appellant's other points likewise present no error. See, Lucas v. State, 376 So.2d 1149 (Fla.1979); Estevez v. State, 313 So.2d 692 (Fla.1975).

Affirmed.