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McCLAM v. STATE

No. 73-703.

288 So.2d 285 (1974)

John J. McCLAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 18, 1974.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Norman J. Kapner, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

Defendant was tried by jury, convicted and sentenced to two and one-half years imprisonment for possession of marijuana, contrary to the provisions of Section 404.15(1), F.S. 1971, F.S.A. This offense is a felony. He now appeals upon the premise that the trial court erred in refusing to give the defendant's requested instruction of the lesser included offense of attempt to possess marijuana, such attempt being...

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