COOPER v. STATE

No. BP-298.

512 So.2d 1071 (1987)

Roger Elwood COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 10, 1987.


Attorney(s) appearing for the Case

Michael Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert Butterworth, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for appellee.


ERVIN, Judge.

The appellant, convicted of possession of contraband articles in a county detention facility in violation of Section 951.22, Florida Statutes, urges that the lower court erred in refusing to instruct the jury that possession of less than 20 grams of cannabis was a lesser included offense to the offense charged. We agree, reverse and remand.

Richard Ferrick, a Bay County correctional officer testified that he observed the appellant, a trustee...

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