JARRELL v. STATE

No. 88-03531.

576 So.2d 793 (1991)

Donald Gene JARRELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 28, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


PATTERSON, Judge.

The appellant challenges his judgment and sentence for possession of contraband in a state facility. We reverse the judgment and sentence and remand for retrial because the trial court did not give a jury instruction on the permissive lesser included offense of possession of less than twenty grams of marijuana.

In Wilcott v. State, 509 So.2d 261 (Fla. 1987), the Florida Supreme Court reversed the...

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