No. 5D06-2090.District Court of Appeal of Florida, Fifth District.
July 20, 2007.
Appeal from the Circuit Court for Orange County, Julie H. O’Kane, Judge.
James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney
Page 1043
General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED. See Fla.R.Crim.P. 3.390(a) (stating that except in capital cases judge shall not instruct jury on sentence that may be imposed for offense for which accused is on trial).
GRIFFIN, ORFINGER and TORPY, JJ., concur.
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