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BRADSHAW v. STATE

No. 80-966.

402 So.2d 10 (1981)

John Anthony BRADSHAW, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 13, 1981.

Attorney(s) appearing for the Case

Leonard J. Cooperman, Marathon Shores, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Based on the evidence adduced in this case, the trial court's instruction to the jury permitting them to consider possession as a lesser-included offense of the charged crime of sale and delivery of a controlled substance was not error. Cf. Anderson v. State, 392 So.2d 328 (Fla. 3d DCA 1981) [the offense of possession under appropriate circumstances may be a category...

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