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DIAZ v. STATE

No. 90-370.

567 So.2d 18 (1990)

Armando DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 11, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Stephen L. Kramer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.

SCHWARTZ, Chief Judge.

After a less-than-one-day, two-witness trial, which demonstrated without dispute that Diaz had sold two cocaine rocks to a police officer while he was being observed by another one, the defendant was found guilty of sale or delivery of cocaine.1 The only point on appeal claims the right to a new trial because, without objection, the trial court instructed the jury at the beginning of the case that:

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