Lowery v. State , 455 So. 2d 1152 ( 1984 )


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  • DAUKSCH, Judge.

    This is an appeal from a conviction of escape.

    *1153Only one of the two points on appeal warrants a mention. Appellant says the trial judge erred in refusing to advise the jury á la Tascano v. State, 393 So.2d 540 (Fla.1980) that any sentence of incarceration or probation which might be imposed would be consecutive. Appellant is correct that the sentence must be consecutive. § 944.40, Fla. Stat. (1981). He is incorrect when he says there is some requirement that the jury must be told about it. The standard jury instruction only requires the judge to tell the jury the maximum and minimum, if any, penalties. See Tascano. We decline to extend Tascano in any way at all.

    AFFIRMED.

    COBB, C.J., and COWART, J., concur.

Document Info

Docket Number: No. 83-954

Citation Numbers: 455 So. 2d 1152

Judges: Cobb, Cowart, Dauksch

Filed Date: 9/20/1984

Precedential Status: Precedential

Modified Date: 7/29/2022