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CABO v. STATE

No. 83-1201.

459 So.2d 1144 (1984)

Jesus Antonio CABO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 27, 1984.

Attorney(s) appearing for the Case

Weiner, Robbins, Tunkey & Ross and Geoffrey C. Fleck; Bonnie Belle Phillips, del Corral, Miami, for appellant.

Jim Smith, Atty. Gen. and Randi B. Klayman, Asst. Atty. Gen. for appellee.

Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

The final judgment of conviction and sentence for the felony of trafficking in methaqualone, a contraband drug [§ 893.135(1)(e), Fla. Stat.(1983)], is affirmed upon a holding that the trial court properly denied a defense request for a jury charge on attempted possession of methaqualone because no evidence was presented at trial to support such an attempt. See Fla.R.Crim.P. 3.510.

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