DAOPHIN v. STATE

No. 4-86-1628.

511 So.2d 1037 (1987)

Jewel May DAOPHIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 5, 1987.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, Noel A. Pelella and Barry Weisman, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

The defendant was charged with trafficking in cocaine by delivery in excess of 400 grams thereof. At the charge conference the defendant requested, but was denied, an instruction on simple possession of cocaine. This was error.

We concede that the schedule of lesser included offenses adjacent to trafficking in cocaine by delivery, which is found in the Standard Jury Instructions in Criminal Cases, would not appear, under Category 1, to require...

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