CASTILLO v. STATE

No. 91-2113.

597 So.2d 812 (1992)

Orlando Del CASTILLO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 4, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee.

Before BASKIN, JORGENSON and LEVY, JJ.


PER CURIAM.

Based on our review of the record, as well as the State's confession of error, this cause is reversed due to the trial court's error in refusing to instruct the jury on simple possession of cocaine, as a lesser included offense of trafficking, where the Information alleged trafficking by possession and where there was evidence of the defendant's possession of cocaine, in violation of Rule 3.510 of the Florida Rules of Criminal Procedure (1989).

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