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JOHNSON v. STATE

No. 89-2436.

570 So.2d 1158 (1990)

Willie Alphonso JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 20, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant, charged in two cases with "unlawful sale or delivery of or unlawful possession with intent to sell or deliver a controlled substance," in violation of section 893.13(1)(a)1, Florida Statutes (1987), complains that the trial court erred in refusing an instruction on simple possession. We agree that defendant was entitled to an instruction on simple possession as a lesser included offense. See Fla.Std.Jury Instr. (Crim.), Schedule of Lesser...

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