District Court of Appeal of Florida December 16, 1981, No. 80-2130 (Renaud v. State)

ANSTEAD, Judge,

specially concurring to denial of rehearing:

I agree that the appellant’s motion for rehearing should be denied, but, upon reflection I also agree with appellant’s suggestion that we should certify the issue involving instructions on penalties as we did in Lewis v. State, 399 So.2d 473 (Fla. 4th DCA 1981).